# LCMS Convention Proceedings_St. Louis Missouri_1941_S244
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

244 Constitutional Matters

interpretation of Article VII of our Constitution with respect to the
Synod’s powers’ being merely advisory or of binding force; and

Wuereas, The particular classification of our church govern-
ment determines the right of Synod, under civil law, to decide
controversies and to have the civil courts recognize and enforce its
decisions and forecloses any inquiry into the matter so decided by
it, such, for example, as the property rights of different factions in
a member congregation in case of schism, the right of a pastor to
officiate as such in the event of a schism, the right of a faction
of the congregation to retain as their pastor one expelled by
Synod; and

Wuereas, According to the civil law there are included in the
first classification of church government those religious congrega-
tions which are strictly independent of other ecclesiastical associa-
tions and owe no fealty or obligation to. any higher authority; and

Wuereas, Under civil law there are included within the second
classification of church governments those religious denominations
whose member churches are individual units in, and subordinate
members of, large general church organizations, which (1) bind,
associate together, and govern their member churches and pastors
of their faith, practice, and discipline, and (2) have superior eccle-
Siastical tribunals, with general powers of control, more or less
complete, over, and binding upon, its whole membership; and

Wuereas, It is highly proper and advisable in these times to
have an authoritative interpretation concerning our church govern-
ment in order that our synods may exercise and enforce disciplin-
ary measures upon member pastors and churches in the event of
schism or controversies affecting the faith, doctrine, practice, and
discipline of our Church, whether through the insidious advance of
modernistic doctrines or otherwise; and

Wuereas, The use of the word “advisory” in Article VII of this
Constitution has been seized upon by advocates of the contention
that our church government should fall within the first classifica~
tion above mentioned and has been used in contradistinction to the
word “mandatory”; and

Wuereas, The high civil courts have by authoritative decisions
stated and answered such contention as follows:

“The defendants stress the fact that the synods are to ‘advise’
as distinguished from ‘command.’ When the spiritual nature of
this organization is considered, it is clear that the use of the ex-
pression ‘advise’ by the framers of the organic instruments under
consideration was intentional and is to be commended and enforced
and not belittled. The words selected are easily to be understood
and followed”;