# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_July 10 2017_S3 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) A report on the meaning of Article VII, adopted by the 1944 convention, put it succinctly: It is self-evident that any person or group of persons who apply for, and are received into, membership of any organization thereby have declared their willingness to abide by the constitution and by-laws of that organization. That is in the very nature of the case. Otherwise an organization and affiliation therewith would serve no real purpose. (1944 Proceedings, pp. 205– 6)3 Question 2: What was the intent and meaning of “inexpedient,” as is expressed in Const. Art. VII 1? Opinion: “Appears to be inexpedient as far as the condition of the congregation is concerned” translates “für ihre Verhältnisse ungeeignet erscheint.” The commission, responding to a request for reconsideration of Op. 99-2157, already cited, dealt with this question in Op. 09-2573 (Feb. 26–28, 2010): To understand properly the meaning and use of “inexpedient” constitutionally and historically in the Synod, it is important to realize that the German word ungeeignet in the 1854 Constitution was properly translated “unsuited” into the English (cf. Moving Frontiers, p. 151). An editorial committee in 1923, not the convention of the Synod, changed the word to “inexpedient.” The original word ungeeignet meant “unsuited, not suited for, does not fit.” Therefore it should be noted that the use of the word “inexpedient” in our contemporary culture appears to have a different connotation such as “not advantageous, not profitable, inconvenient.” […] Likewise, the 1920 English text of Article VII states that no congregation shall be bound by any resolution of the Synod “that to such congregation appears unsuited to its condition” (The Lutheran Witness, XXXVI 20). Therefore, the congregation and not the Synod may assess the congregation’s condition and judge the applicability of any resolution of the Synod. The congregation, not the Synod, determines whether or not a resolution is unsuited. “The Synod, being an advisory body, recognizes the right of a congregation to be the judge of the applicability of the resolution to its local condition” (Bylaw 1.7.2, emphasis added). A congregation’s “right of expediency”—to determine that “the shoe does not fit,” that something a resolution “imposes on the individual congregation” is “uneigentlich, inapplicable, inexpedient, unsuited,” and, so, to decline to take it on—has, of course, the limits already noted. True doctrine and right practice, drawn clearly from the Word of God and the Lutheran Confessions (the confessional basis of the Synod in Const. Art. II), are never unsuitable to, or an imposition on, any congregation desiring membership in The Lutheran Church—Missouri Synod. “Doctrine may not be accepted or rejected upon the basis of consideration of expediency” (1971 Res. 2-21, Proceedings, p. 118). Likewise, the “right of expediency” does not apply to Synod’s Constitution or its Bylaws—only to resolutions of the Synod, and as to those, only with some significant caveats. Op. 09-2573 concludes: …the Article VII phrase “inexpedient as far as the condition of a congregation is concerned”: • is applicable only to resolutions that are adopted by the Synod, not to its Constitution (and, by implication, its Bylaws), which all members have accepted as a condition of membership [emphasis added]. Because the second sentence of Article VII says, “no resolution of the Synod” (cf. also Bylaw 1.7.2), no limitation should be placed on the type or category of resolution that a congregation may wish to consider under this provision. However, because all congregations of the Synod have accepted Article II of the Constitution and thereby have pledged their acceptance of Holy Scripture and the Lutheran Confessions, the Article VII phrase in question may not be applied by congregations to resolutions of the Synod that consist primarily of citations from Holy Scripture or the Lutheran Confessions or simply 3 This resolution, too, has particular interpretive force and significance. The 1944 convention received a report of a task force, commissioned by the 1941 convention, on the meaning of Const. Art. VII. The convention committee on constitutional matters edited the report and the convention, by this resolution, adopted it. CCM Minutes – July 10, 2017 – Page 55