# LCMS Convention Proceedings_St. Louis Missouri_1944_S201
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

‘ Constitutional Matters 7 201

This resolution asks Synad to declare that our member con-:
ations are not independent congregations, but are subject to
‘the government of Synod; that the resolutions and decisions of

*’ Synod are of binding force.

This resolution asks that the usual provisions of a member
‘church’s constitution be nullified whenever a church affiliates with.
Synod and whenever such provisions conflict with the resolutions
.of Synod. oo

_. The purpose of such a declaration is that Synod may exercise
and enforce disciplinary measures upon pastors and churches in
the event of any controversy, that Synod may have the right ‘to ..

. decide such controversy and to have civil courts recognize and

‘-enforee such decisions of Synod and to foreclose any inquiry into
the matter so decided by it—as matters pertaining to rights of
property, the rights of a pastor to officiate, the right of a church
to retain as its pastor one expelled from Synod, and that Synod
shall have greater power than that of advising a congregation. ,

In opposition to such a resolution we submit:

That Art. VII of our Constitution is very simple and needs no
further interpretation. It expressly states that Synod shall not be
‘an ecclesiastical government. Synod shall not have legislative
powers passing resolutions having the character of laws. Synod
has no power to coerce, to enforce the performance of its resolu-
tions and decisions by its officers nor by recourse to the law-
enforcing agencies of the State.’ The Constitution expressly states

that each church shall remain a self-governing body and that the. .

resolutions of Synod have no binding force if they seem inexpedient
to the congregation. Synod shall advise. Synod shall have the
power to exhort, admonish by: the power of the Word of God.
A high court stated relative to this Art. VII: “The defendants
stress the fact that the synods are to ‘advise’ as distinguished from .
‘command.’ When the spiritual nature of this organization is con-
’ sidered, it is clear that the use of the expression ‘advise’ by the
framers of the organic instruments under consideration was inten-
tional and is to be commended and enforced and not belittled. The
words selected are easily to be understood and followed.” »
The history of this Art. VII shows that the founding fathers’
were clear in their minds, that they did not. want a synodical
‘government, a church government; but that they wanted to be and
remain independent, self-governing bodies. Their experience with
the tyranny of the church governments made them fearful . of |
‘synodical associations, and only after Art. VII was added to the.
constitution. guaranteeing them independence were they willing to
affiliate with Synod. Se .s