# LCMS Convention Proceedings_St. Louis Missouri_1938_S196
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

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196 Constitutional Matters

The Committee on Constitutional Matters has carefully con-
sidered the matter and begs leave to present the following report.
' ‘The rules and regulations of our Synod recognize different
appeals. There may be an appeal from the decision of the President
of Synod to Synod itself (Synodical Handbook, p. 23, 4); there may
be an appeal from a decision of the Synodical Board of Directors
to Synod itself (p. 26,11). There may be appeals from the decision
of an instructor in one of our educational institutions to the presi-
dent of the institution and from the decision of the president to the
Board of Control (p. 64,4). However, we hold that in the task
assigned to us by the convention reference is had only to appeals in
cases of discipline, and we accordingly limit ourselves to such cases.

In cases of discipline (excommunication, expulsion, suspension)
there may be an appeal from the decision of a local congregation
to the President of the District; from the decision of the President
or his representative to the District; from the decision of the Dis-
trict to the President of Synod or his representatives; and from
the decision of the President of Synod or his representatives to
Synod itself.

1. In the matter of church discipline the local congregation is
supreme, and its decision is final, Matt. 18:15-18. However, since
mistakes and errors in judgment may occur and experience has
shown that such mistakes do occur, every congregation of Synod
should be willing to permit its fellow-Christians to look into the
case if an appeal is made by him who has been expelled by the
congregation. Such appeal is to be directed to the President of the
District with which the congregation is affiliated. The District
President, according to our Constitution, is to exercise supervision
over the doctrine, life, and administration of office of the pastors
and teachers of his District and to acquaint himself with the re-
ligious conditions of the congregations of his District and therefore
shall visit, and hold investigations in, the congregations (p. 10, 7).
If either the congregation or the expelled member appeals from
the decision of the District President or his representatives (Vice-
President, Visitor), such appeal is to be directed to the District
convention. The District shall look into the matter either during ©
its convention or shall appoint a committee of investigation, and
this committee is to render a verdict in the name of the District
and report at the next convention of the District, when its verdict
is to be accepted or amended or reversed.

Since a case may arise where a congregation or an individual
decides to appeal from the decision of the District President to the
District convention and such convention is still in the distant
future, the two Vice-Presidents of the District (assuming that
they have not acted in the case) shall be given the authority to