# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_September 16 1983_S9
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

201. The undersigned was asked to offer the closing prayer since this was his last meeting as a member of
the Commission. After this Judge Gene Schnelz also asked for the privilege of offering a prayer.
Herbert Mueller, Secretary

Review of "Constitution" and Bylaws of the English District
Bylaw 3.07 b of the Synod says: "The Constitution of the Synod is also the constitution of each District.
The Bylaws of the Synod shall be primarily the bylaws of the District. A District may adopt additional
bylaws, regulations, and resolutions necessary or proper for its own administration or for effectively
carrying on the work of the Synod. Such bylaws, regulations, and resolutions shall not conflict with the
Constitution and Bylaws of the Synod. The bylaws and regulations of the District and any subsequent
change therein shall be submitted to the Commission on Constitutional Matters of the Synod for review
and approval."
Bylaw 2.533 says further that the Commission on Constitutional Matters shall: "f. maintain a file of the
articles of incorporation and bylaws and regulations of all Districts of the Synod; examine in advance the
articles of incorporation and the bylaws or regulations of every District and all proposed amendments of
such documents to ascertain whether they are in harmony with the Constitution, Bylaws, and resolutions
of the Synod. A District shall make such amendments to or changes in these documents as may be
necessary to conform."
In order that these provisions may be carried out, the Commission on Constitutional Matters, having
reviewed the "Constitution" and Bylaws of the English District as adopted in 1982, raises the following
concerns prior to giving the required approval:
"Constitution." First and foremost it should be pointed out that Districts are not to have a separate
constitution. For purposes of incorporation a District may use a very simple form of Articles of
Incorporation, but the District shall be governed by the Constitution and Bylaws of the Synod and by such
nonconflicting Bylaws of the District as it may adopt.
"Constitution," Article II, Affiliation. This article does not set forth properly the relationship between the
Synod and a District. The same problem is involved here also with the concept of a separate District
"Constitution."
"Constitution," Article III, Mission. Somewhere in the District Bylaws the dedication of the District to the
objectives of the Synod, as set forth in Article III of the Synod's Constitution, should be enunciated. The
article as it stands is too inward looking.
"Constitution," Article III, B. If this statement is merely intended to "demonstrate" concern about
ecumenical opportunities, the paragraph could perhaps stand. But the District needs to be reminded that
only the Synod in convention may pass resolutions regarding ecumenical relationships (Bylaw 2.01; 3.07
e).
Bylaws, Article I, Authority of the District. The first paragraph says too much about "supreme authority."
Bylaws, Article II, B. The distinction in subparagraphs 2 and 3 between policy executing and policy
operating seems somewhat farfetched. The Commission also questions whether the Board of Directors is
really the District in session with authority and responsibility to act between conventions. The Board of
Directors of the Synod itself, as originally conceived of and as defined to this day, in spite of some