LCMS Convention Workbook St. Louis, Missouri — 2010, Page 214

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214

Ecclesial matters

7-10

To Require Consideration of Certain Requests
for Review of CCM Opinions
Whereas, “The Commission on Constitutional Matters [CCM]
exists to interpret the Constitution, Bylaws, and resolutions of the
Synod and ensure that the governing instruments of the Synod and
its agencies are in accord with the Constitution and Bylaws of the
Synod” (Bylaw 3.9.2); and
Whereas, “An opinion rendered by the commission shall be
binding on the question decided unless and until it is overruled by a
convention of the Synod” (Bylaw 3.9.2.2 [c]); and
Whereas, A CCM opinion remains binding if a convention of
Synod does not address it; and
Whereas, The provision to review CCM opinions is available but
rarely happens; and
Whereas, There is currently no requirement that overtures or
resolutions submitted regarding CCM opinions be given time for
consideration by a convention of Synod, thus allowing an opinion to
remain binding without any consideration by a convention of Synod;
and
Whereas, Such opinions in effect end up changing the By-laws,
while amendments to the Bylaws are the responsibility of only the
conventions of the Synod (Bylaws 7.1.1 and 7.1.2); therefore be it
Resolved, That we memorialize the Synod so that any overtures/
resolutions submitted to a convention of the Synod regarding opinions rendered by the CCM must be given time for consideration by
the convention of Synod, and may not be removed from the docket
when such overtures/resolutions are submitted by a circuit forum, an
official district conference of ordained and/or commissioned ministers, the Board of Directors of the Synod, a district board of directors,
or a district convention; and be it further
Resolved, That any contested CCM opinion which receives no
time for consideration by a convention of the Synod be declared
null and void upon the adjournment of that convention of the Synod.
Wyoming District
7-11

To Require Consideration of CCM-Related
Overtures and Resolutions re Theological Matters
Whereas, “The Commission on Constitutional Matters exists to
interpret the Constitution, Bylaws, and resolutions of the Synod and
ensure that the governing instruments of the Synod and its agencies are in accord with the Constitution and Bylaws of the Synod”
(Bylaw 3.9.2); and
Whereas, “An opinion rendered by the [CCM] shall be binding
on the question decided unless and until it is overruled by a convention of the Synod. Overtures to a convention that seek to overrule an
opinion of the commission shall support the proposed action with substantive rationale from the Constitution, Bylaws, and resolutions of
the Synod. All such overtures shall be considered by the floor committee to which they have been assigned and shall be included in a
specific report to the convention with recommendations for appropriate action” (Bylaw 3.9.2.2 [c]); and
Whereas, There is a review procedure when “an opinion pertains
to business, legal, or property matters and the Board of Directors of
the Synod concludes that such opinion of the commission is contrary
to the laws of the State of Missouri” (Bylaw 3.9.2.2 [c]); and

Whereas, The only remedy when an opinion pertains to theological matters is “consideration by the floor committee” (Bylaw 3.9.2.2
[c]), which does not necessarily result in consideration by the convention of Synod, thus allowing an opinion on theological matters to
remain binding without review by the convention; and
Whereas, Amendments to the Bylaws are the responsibility of
ONLY the conventions of the Synod (Bylaws 7.1.1 and 7.1.2); therefore be it
Resolved, That any overtures and resolutions submitted to a convention of Synod regarding theological opinions rendered by the
CCMmust be given time for consideration by the convention of Synod
and may not be removed from the docket; and be it further
Resolved, That any CCM opinion that has been challenged as
outlined above and which receives no time for consideration by the
convention of Synod be declared null and void upon the adjournment
of that convention.
Circuit 3 Forum
North Wisconsin District
7-12

To Overrule CCM Opinion 02-2309
re Ecclesiastical Supervision
Whereas, Commission on Constitutional Matters Opinion
02-2309 states that “the Synod is precluded from taking any action
to terminate the membership of its member who, when performing
his/her official duties, follows the advice and counsel of the ecclesiastical supervisor designated by the Synod”; and
Whereas, This opinion creates the possibility that the Synod could
be precluded from action against a member of the Synod who is, in
fact, acting contrary to conditions of membership outlined in Article
VI of the Synod’s Constitution; and
Whereas, In issuing Opinion 02-2309 the CCM has therefore, in
effect, improperly amended Article XIII of the Constitution of the
Synod; and
Whereas, In issuing this opinion the CCM has granted district
presidents and other ecclesiastical supervisors a new power, that of
granting immunity to those who may violate the Constitution; and
Whereas, Since the Constitution of the Synod states, “The officers
of the Synod must assume only such rights as have been expressly
conferred upon them by the Synod,” (XI A 1) giving ecclesiastical
supervisors the right to grant immunity also amounts to an improper
amendment to the Constitution; and
Whereas, These are substantive constitutional arguments; and
Whereas, Bylaw 3.9.2.2 (c) states, “An opinion rendered by the
commission shall be binding on the question decided unless and until
it is overruled by a convention of the Synod”; therefore be it
Resolved, That the Montana District memorialize the Synod in
convention to overrule Opinion 02-2309 of the CCM.
Montana District
7-13

To Overrule CCM Opinions 02-2296 02-2309,
and 02-2320
Rationale
The Synod’s Commission on Constitutional Matters (CCM)
has opined that “The Constitution and Bylaws of the Synod do not
allow or contemplate the expulsion of a member of the Synod on

2010 Convention Workbook

2010 Convention.indb 214

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