# LCMS Convention Workbook_St. Louis Missouri_1975_S216 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) 216 CONSTITUTIONAL MATTERS tion, according to Res. 5-28, did not expect the committee to complete its work, since the resolution called for the presenta- tion of the “recommendations to the 1975 convention, and in succeeding conventions.” The committee, therefore, is fully aware that, as the above report indicates, further studies and refinements are required on the Constitution and its Bylaws, and therefore hopes to present a further report to the Dallas convention in 1977. Committee for Reorganization Aug. R. Suelflow, Secretary App. 5-02 A Relation of Synodical President and District Presidents The synodical President has the constitutionally assigned responsibility of supervision over ‘the doctrine and the ad- ministration of (a) all officers of the Synod: ‘b) all such as are employed by the Synod: (c) the individual Districts of the Synod: and (d) all District Presidents.” He is thereby made central to all the programs and activities of the Synod, and in everything in which the Synod is involved (Art. XI B). While the constitutional concept of the Synod is government by law rather than by men, the Synod has made the synodical President its overseer to insure doctrinal and constitutional compliance by all who serve the Synod. His position is unique in that he cannot share these responsibilities with any board or other agency of the Synod. He cannot pass the buck to, nor share these responsibilities with the Board of Directors, the Board for Higher Education, the Mission Board, or any other agency of the Synod. His position stands apart from all of these by reason of his unique responsibility of overall surveillance in all areas of synodical activities. including that of all boards and commissions established by the Synod. In exercising these responsibilities, he is accountable only to God and to the Synod and is not accountable to any board or agency of the Synod. While he is charged with the obligation of advising with and seeking the advice of the Vice-Presidents and District Presidents of the Synod, nowhere in the Constitution can he find a way to avoid or pass on to another his account- ability for the exercise of these responsibilities. In respect of his accountability, it is significant that in sub- paragraph C of Article XI the Vice-Presidents of the Synod are to represent the President upon his request, as stated in sub- paragraph 1: “The Vice-Presidents shall upon the request of the President represent him in all functions.” And in Article XII, sub- paragraph 9 b, the District Presidents are to “submit an annual report of their administration to the President of the Synod and, in general, permit him to obtain all necessary insight into their official activities as District Presidents.’ And in subparagraph 7 of Article XI B it is provided that “It is the duty of the Presi- dent to be present also at the meetings of the Districts, to advise them, and to report at the next session of the Synod."’ These constitutional provisions underscore the intent of the Synod to make the synodical President the person to whom it may look and hold accountable for the doctrinal, constitutional, and administrative integrity of the Synod between its conventions. While the President of the Synod has been given this overall supervision, he has not been made all-powerful, but has been circumscribed and limited in the manner in which he can carry out his supervisory responsibility. He must see to it that all under his jurisdiction “act in accordance with the Synod's Constitu- tion.” His power is to “advise, admonish, and reprove,” and to “conscientiously use all means at his command to promote and maintain unity of doctrine and practice in all the Districts of the Synod.” These provisions clearly reflect an intent that the President of the Synod, in exercising his supervision, shall do so with restraint and not be dictatorial in carrying out his responsibilities. His conduct must be pastoral and in accord with Christian standards and, to this end, he must be patient and fair in his dealings in order to “promote and maintain unity of doctrine and practice. . .” (XI B 3). It is significant that Article XI further provides that “when business matters that permit of no delay turn up between con- ventions of the Synod, the President is authorized to submit them to a vote of the congregation by means of the official periodicals.” It does not state that he shall submit these matters to the Board of Directors or to any other agency except to the voting membership of the Synod. The President of the Synod is further circumscribed in his supervisory responsibilities in that the Synod has, pursuant to constitutional authorization in Article X, created boards and commissions which are accountable not only to the synodical presidential supervision but also directly to the Synod. The Board of Directors has been made accountable to the Synod in carrying out its constitutionally assigned fiscal responsibilities (Article XI F). The Boards of Control have been made directly accountable to the Synod as its agents in the administration of their respective schools (Bylaw 6.37 a). The Board of Missions is directly accountable to the Synod in the area of missions (Bylaws 8.07 and 8.09). This division of authority is equally applicable to other boards and commissions. Each, however, continues to be under the surveillance of the synodical Presi- dent. Moreover, the President, in exercising his responsibilities, may initiate action for the expulsion of members from the Synod, but he can only do so pursuant to Article XIII of the Constitution and in accordance with the procedures outlined in Article V of the Bylaws of the Synod. While it was the intention of the Synod to authorize the President to initiate suspension and discharge of those under his supervision, nonetheless this action must likewise be carried out in accordance with the established synodical procedures (Bylaw 5.13). From the foregoing, the synodical concept of its governance places supervision and surveillance of doctrine and administra- tion in the synodical President, but clearly circumscribes his exercise of these responsibilities to clearly defined guidelines. This is equally applicable to the assigned duties and respon- sibilities of the District Presidents under Article XII of the Con- stitution, wherein the Synod not only reserves the right to change the geographical boundaries of a District but makes the Constitution of the Synod the Constitution for each District of the Synod and provides that all officers of the District have the same rights and duties as those outlined in the Constitution for the officers of the Synod, but only insofar as they apply to the District they serve and only within the boundaries of their District (XII 6-7). It would appear, therefore, that in the responsibilities assigned to the District President he is but an extension of the synodical president and, as such, is required to carry out synod- ical resolutions in his District, submit an annual report of his administration to the President of the Synod, and in general permit him to obtain all necessary insight into his official activ- ities as District President (XII 9). While the District Presidents are given the supervision over doctrine, life, and administration of the member congregations and the office of the pastors and teachers in their respective Districts, they too are circumscribed in the exercise of these responsibilities and must follow the guidelines laid down in the Constitution and the Bylaws of the Synod (Art. XID. The Constitution and the Bylaws make the District Presidents accountable to the synodical President. Although elected by the Districts, this does not modify the concept that the Districts are an integral part of the Synod as defined in Bylaw 3.07 e. Synodical Bylaw 3.01 provides that ‘The Synod establishes Districts in order to more effectively achieve its objects and carry on its activities." And in Bylaw 3.03, in reference to the forma- tion and realignment of Districts, the Synod has reserved to itself the determination of “. . . whether a District shall be formed, divided, realigned, or merged with another or other District, or dissolved... ." Moreover, the relationship between the Synod and its Districts is stated in Bylaw 3.07 as follows: a. The Synod is not merely an advisory body in relation to a District. A District is the Synod itself performing the functions of the Synod. Resolutions of the Synod are binding on the Districts. And in Bylaw 3.41 the relation of the District Presidents to the President of the Synod is defined as follows: Each District President by virtue of his office represents the Synod in his respective territory. He shall therefore periodically report to the President of the Synod, and the President of the Synod shall meet with the District Presidents at least once a year for the purpose of counseling together regarding the work of the Synod. District Presidents, together with the President and Vice-Presidents of the Synod, shall form the Council of Presidents. In these provisions, the Synod has made manifest its intention that a District is but a geographical subdivision of the Synod for