# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_October 16 1993_S4 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) There is a wide variety of practice, many congregations do not even refer to any kind of synodical membership in the constitution and bylaws. The guidelines do recommend that the article be incorporated on synodical membership: "This congregation shall hold membership in the LCMS as long as this Synod remains true to the Word of God and the Lutheran Confessions. It shall send its pastor, called teacher and a lay delegate to the district conventions of the Synod." The opinion provided in July, 1972, ended with a statement of the Secretary, "I think the question is up for grabs." Now in replying to the recent communication from President Kieschnick, the Commission decided to respond as follows: Before responding to your questions, the Commission would ask you to please remember that the Commission addresses only those questions specifically presented. It was not asked and did not undertake to resolve the separate question of whether a District Committee on Constitutional Matters or District Board of Directors has the discretion to require a provision in a congregational constitution or bylaws which references membership in The Lutheran Church—Missouri Synod. With reference to your specific question regarding the feeling of the Commission on Constitutional Matters with respect to requiring the inclusion of a reference to membership in The Lutheran ChurchMissouri Synod in the constitution and bylaws of congregations, the Commission agrees that such a requirement would be desirable. When considering Bylaw 2.03 a b which requires congregation's constitution and bylaws to be in harmony with the "teachings and practices of the Synod," as well as Bylaw 2.39, it is difficult to understand why a congregation would decline to include such a reference. With respect to your second question, the Commission believes that it would be more desirable for an overture to be forwarded by a District Board of Directors or a district convention. The Commission would, however, support an overture to the effect that would require the constitution and bylaws of congregations which have or are seeking membership in the Synod to include a reference to membership in The Lutheran Church—Missouri Synod. 54. Presidential Authority to Withdraw Report (Ag. 1961) : CCM minutes no. 40 referred to this matter and indicated that unless further communication with the inquirer took place, the matter would be considered to be withdrawn. No communication had been received and the matter was therefore removed from the agenda of the Commission. 55. District Reconcilers (Ag. 1967) : This matter had been dealt with by the Commission in a conference call on July 19, 1993. The response of the Commission is included in minutes no. 45. 56. Restriction and Suspension (Ag. 1968) : This matter had also been dealt with by the Commission in a conference call on August 14, 1993. The response of the Commission is found in minutes no. 47. 57. Congregational Offices (Ag. 1966) : A pastor had asked for the opinion of the Commission on Constitutional Matters regarding the language of their constitution in an article which stated: Any voting member may hold any of the elective or appointive offices in the congregation, except the position of chair of the congregation and elders shall be reserved to those for whom Scripture reserves these positions.