# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_June 25 1997_S1
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

Minutes of the Commission on Constitutional Matters - June 25, 1997 - Telephone Conference
117. Opening: After Chairman Tesch had called the meeting to order, he requested Dr. Schlecht to lead the
members of the Commission in prayer.
118. Executive Power of the President (Ag. 2073, A,B,C,D,E,F): The Commission had on several
previous occasions attempted to provide a response to the request of the Board for Communication Services
regarding the authority of the President of the Synod with respect to the printing of articles, letters, and
other matters in the official periodicals of the Synod. Utilizing some of the materials provided in those
previously proposed responses, Alan Barber had now prepared a response which was considered by the
Commission. During its consideration, a number of suggestions were made for clarification, correction, and
modification. The Commission agreed that with the proposed changes to be prepared by Rev. Barber, the
response should be forwarded to the Board for Communication Services. The response which was provided
is as follows:
Opinion of the Commission on Constitutional Matters
Regarding the Authority of the President
in Relation to Official Periodicals
FACTS: The CCM received a request for an opinion on three questions from the Board for Communication
Services by letter dated March 19, 1997. Dr. Barry, President of the Synod, communicated with the CCM
by letter on March 21, 1997. Dr. Barry's letter articulated his response to the questions raised by the BCS.
The BCS subsequently wrote the CCM, asking for a copy of the Barry letter. A response to Dr. Barry's
letter was submitted by David Mahsman, Editor of The Lutheran Witness.
OPINION
The Board for Communication Services asked the CCM for a ruling on the following questions:
1) Do the Constitution and/or Bylaws of The Lutheran Church-Missouri Synod allow the President of
the Synod to exercise executive powers when he has not been expressly invested with such power
for a specific purpose (Bylaw 3.103, b)? If not, by whom must such power be invested in the
President for him to exercise said powers?
2) May the President, for example, exercise censorship over the official periodicals of the Synod? If
so, what are the limitations, if any, to such authority in view of Bylaw 12.01.
3) A variety of specific examples could be cited that would be affected by the issues raised above.
They would not be limited to the following, but could include these: May the President direct that
no "Letters of the Editor" be published on a given subject? May he direct that no articles be
published on a given subject? Conversely, may he direct that an article (as opposed to an "official
notice") on a given subject must be published? May he direct that an article or portion of an article
be published in a specific form, with no deviation in wording or content?
Article X1, B, of the Constitution of The Lutheran Church-Missouri Synod sets forth the duties and powers
of the President of the Synod. Article XI, B, 1, sets forth the subject matter of presidential authority. 'The
President has the supervision regarding the doctrine and the administration... " Those subject to this general
supervision regarding doctrine and administration comprise the following: "a) All officers of the Synod; b)
All such as are employed by the Synod; c) The individual districts of the Synod; d) All District Presidents"
(Art. XI, B, 1).