# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_May 24 1993_S2
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

district president to suspend from membership in the Synod a pastor in his district for having given
offense by an ungodly life.
Section 3.533 d of the Bylaws authorizes the Commission on Constitutional matters to interpret the
Constitution and Bylaws of the Synod. It is not given the authority to make factual determinations in
matters of dispute. Factual determination is the purview of a Commission on Adjudication, or, on
appeal of the Commission on Appeals.
As the questions are stated, the Commission on Constitutional Matters is being asked to determine
"blamelessness" and giving "offense by an ungodly life" in the specific circumstances described by
the district president and the involved pastor. "Blamelessness" and giving "offense by an ungodly
life" are not purely objective terms but require judgment within specific circumstances. Thus a
determination thereof in specific instances is not an interpretation of the Constitution and/or the
Bylaws of the Synod and therefore is beyond the authority of the Commission on Constitutional
Matters.
In view of the above, it is the conclusion of the Commission on Constitutional Matters that the
determination of "blamelessness" and "an ungodly life" relative to the facts in this matter can only be
determined by a Commission on Adjudication, or, on appeal by the Commission on Appeals.
39 Congregation Constitution Review (Ag. 1960) : The Chairman of the Constitution Committee of the
Ohio District had asked the Commission on Constitutional Matters to review a constitution forwarded to
that committee by the Community of Hope Lutheran Church. Because of the unique nature of that
constitution and because certain issues in it were unclear, the Commission was asked to advise the Ohio
District Constitution Committee regarding the acceptability of that congregation constitution. In responding
to the committee chairman, the Secretary had indicated that he would be forwarding any comments received
from Commission members, it being understood that it is ultimately the District Constitution Committee
which must recommend to the District Board of Directors the acceptance or rejection of a proposed
congregation constitution.
During the brief discussion which took place, the Commission members indicated that it was important that
this matter be dealt with in a face-to-face meeting of Commission members. Several members indicated that
they had a number of specific questions which they wished to address to the framers of the document.
Action on this matter is to be delayed until the meeting of October 16, 1993.
40. Presidential Authority to Withdraw Reports (Ag. 1961) : A letter had been received from a pastor
asking the following question:
Is it constitutionally permissible for the President of the Synod to withdraw reports made to the Synod or
other parties by the Praesidium?
The Secretary had responded to the pastor stating that it would not be possible for the Commission to
provide a response without further detail. It was pointed out that questions must be stated in the manner
which allows the Commission to respond without being required on its own to identify all possible options
and then applying constitution or bylaw standards to each of those options. No response had been received
from the pastor. This item will be removed from future agenda, unless further clarification is received.
41. Appeal Procedure (Ag. 1962) : A question had been received from the Chairman of the FloridaGeorgia District Commission on Adjudication with regard to the proper procedure to be followed in a case
which had been begun prior to the 1992 synodical convention, but on which action had been stayed at the
request of the complainant. The request for an opinion regarding the procedure to be followed had been