# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_March 9 10 1990_S10
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

3

In the event that questions of interpretation of the Synod's Constitution, Bylaws, and
resolutions or questions of interpretation of theological issues arise, the Commission on
Adjudication or the Commission on Appeals, at the request of either party, shall seek the
advisory opinion of the Commission on Constitutional Matters on questions of
interpretation of the Synod's Constitution, Bylaws, and resolutions and also that of the
Commission on Theology and Church Relations on questions of interpretation of
theological issues.

4

4. [A proposed statement shall be] submitted by the commission (CTCR) to a convention
of the national Synod for further consideration and possible adoption by majority vote;
amendments shall require a two-thirds affirmative vote of those present and voting;
5. resubmitted to the congregations for ratification in its final existing form;
7. Such adopted and ratified doctrinal statements shall be regarded as the position of the
Synod and shall be "accepted and used as helpful expositions and explanations" (FC SD
Rule and Norm 10). They shall be honored and upheld ("to abide by act,, and teach in
accordance with" [1971 Res. 2-211) until such time as the Synod amends or repeals them.

5

In appeal cases before the Commission on Appeals there shall be no new hearing, and the
Commission on Appeals shall render its decision on the basis of a review of the total
proceedings before the Commission on Adjudication. The Commission on Appeals may,
however, in its discretion permit or request the submission of additional evidence when it
appears that such evidence may assist the commission in reaching a decision.

30. Responsibility of Commission on Appeals (Ag. 1880) : In a letter addressed to the Commission,
President Bohlmann had indicated that in his review of copies of decisions of the Commission on Appeals
which are regularly sent to him, he had become increasingly aware of philosophical problems which need
to be addressed. He noted that certain decisions contained elements which raised questions about the
precise limits and extent of the Commission's responsibility and authority and that such questions also
touch on the responsibility and authority which the Synod has assigned to others, thereby creating
situations of potential confusion, if not conflict. In order to resolve this these, he posed a series of thirteen
questions which the Commission was asked to address. The Commission responded to these questions on
the basis of the general statement which it had prepared regarding the authority and responsibility of the
Commissions on Theology and Church Relations, Constitutional Matters, Adjudication, and Appeals. The
questions and responses which were provided are as follows:
Based on the above analysis, the Commission offers the following response to questions posed by
President Bohlmann to the Commission on January 23, 1990.
1. Question: May the Commission on Appeals direct a district president, without action of the
Council of Presidents, to reinstate a pastor who has been properly removed from the clergy
roster? May it specify the time frame within which such action must be accomplished?
Response: No, it may not. Bylaws 2.31 and 2.33 are specific in determining the procedure for
reinstatement of properly removed pastors as well as the responsibility for final decision,
which is solely that of the Council of Presidents. No, it may not. While the above Bylaws do
not specify a minimum time allowable for application for reinstatement, they do clearly
specify the period of time which must elapse between applications.