LCMS Convention Workbook St. Louis, Missouri — 2010, Page 249

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Appendix I
Opinions of Commission on Constitutional Matters
Consequences of Action Taken Upon Approval
of Ecclesiastical Supervisor (02-2296; 02-2320)

the Synod to support one another and work together in carrying out
their commonly adopted objectives” (Bylaw 1.01). According to
Bylaw 1.05 d, “members agree to uphold the confessional position
of the Synod (Art. II) and to assist in carrying out the objectives of the
Synod (Art. III), which are objectives of the members themselves.”
Bylaw 1.05 e states: “Membership is held in the Synod itself. However, in accordance with the objectives of the Synod, each member
enjoys certain privileges and accepts certain responsibilities also in
and through the respective District and Circuit.” According to Bylaw
2.35, “every member of the Synod shall diligently and earnestly promote the purposes of the Synod by word and deed.” Bylaw 2.39 a adds
that “the Constitution, Bylaws, and all other rules and regulations of
the Synod apply to all congregational and individual members of the
Synod.” This includes doctrinal resolutions that “are to be honored
and upheld until such time as the Synod amends or repeals them”
(Bylaw 1.09 b).
Mindful of the objectives of Synod, the conditions of membership, the need for and benefit of supervision, and the concern for
unity of faith and confession, the Synod also provided ecclesiastical
supervision in its Constitution. Article XI B 1 specifically identifies
the President as the ecclesiastical supervisor of all officers of the
Synod, all such as are employed by the Synod, the individual Districts
of the Synod, and all District Presidents. Article XII 7 specifically
requires that District Presidents “especially exercise supervision over
the doctrine, life, and administration of office of the ordained and
commissioned ministers of their district and acquaint themselves with
the religious conditions of the congregations of their district.”
Bylaw 3.101 A 1 summarizes the ecclesiastical powers and duties
of the President of the Synod when it states that the President shall
“supervise the doctrine taught and practiced in the Synod, including
all synodwide corporate entities. In the Districts of the Synod, he
shall carry out his ecclesiastical duties through the District’s President. The President of the Synod has ecclesiastical supervision of all
officers of the Synod and its agencies, the individual Districts of the
Synod, and all District Presidents.” Bylaw 2.41 i states: “Except as
expressly otherwise provided in this section, a member shall be under
the ecclesiastical supervision of the President of the District through
which synodical membership is held.”
Ecclesiastical supervision intrinsically includes all of the following: “supervision regarding the doctrine and the administration” of all
officers, employees, Districts, and District Presidents (Art. XI B 1);
“to admonish all who in any way depart from [the Synod’s Constitution], and, if such admonition is not heeded, to report such cases to
the Synod” (Art. XI B 2); “power to advise, admonish, and reprove”
(Art. XI B 3); to “see to it that the resolutions of the Synod are carried
out” (Art. XI B 4); “supervision over the doctrine, life, and administration of office of the ordained and commissioned ministers … visit
and, according as they deem it necessary, hold investigations” (Art.
XII 7); “supervise the doctrine taught and practiced in the Synod …
officially visit or cause to be visited all the educational institutions
of the Synod … meet regularly with the Council of Presidents … to
see to it that they are in accordance with Article II of the Constitution,
synodically adopted doctrinal statements, and doctrinal resolutions of
the Synod” (Bylaw 3.101 A); and such other constitutional terminology as “counsel,” “care,” and “protection” (Art. III 8 and 9).
As indicated above, the Synod has promised its individual members supervision and counsel when the member is performing his/her
official duties. The Synod has further decided that such supervision

A Dispute Resolution Panel in a letter dated December 20, 2002,
forwarded the following question to the Commission from a party
to a dispute. The question is identical to a question submitted by a
Vice-President of a District in an August 16, 2002, letter.
Question: Do the Constitution and/or Bylaws of Synod allow or
contemplate the discipline of any pastor or contemplate
the discipline of any pastor of The Lutheran Church—
Missouri Synod who has taken an action with the full
knowledge and approval of his superior, where the
superior’s approval is based upon the superior’s interpretation of a synodically approved document, where
the interpretation is not plainly or knowingly erroneous, especially where the superior himself has not been
formally found in error and disciplined?
Opinion: The Constitution and Bylaws of the Synod do not allow
or contemplate the expulsion of a member of the Synod on the
basis of an action taken with the full knowledge and approval of the
appropriate ecclesiastical supervisor. For a thorough treatment of
this issue, see Opinion 02-2309.
Adopted Jan. 20–21, 2003

Ecclesiastical Supervision and Conflict
of Interest (02-2309)
A District President, in a September 27, 2002, letter that included
the signatures of twelve other members of the Council of Presidents,
asked a series of questions regarding the constitutional provision of
ecclesiastical supervision and the consequences of following the advice of an ecclesiastical supervisor.
Question 1: May a District President who has acted in a matter after
receiving the advice of and authorization of the synodical President be charged under Bylaw 2.27 for such
act, which charge could result in his removal from his
position as District President as well as from the roster
of the Synod?
Opinion: After the example of the apostolic church, Acts 15:1–31,
the Synod was formed “to unite in a corporate body the congregations of the Evangelical Lutheran Church that acknowledge and
remain true to the Book of Concord of the year of our Lord 1580 as
a true exhibition of sound Christian doctrine” (Articles of Incorporation, Article II a). The Synod’s objectives include: “The Synod,
under Scripture and the Lutheran Confessions, shall—1. Conserve
and promote the unity of the true faith. … 8. Provide evangelical
supervision, counsel, and care for pastors, teachers, and other professional church workers of the Synod in the performance of their
official duties. … 9. Provide protection for congregations, pastors,
teachers, and other church workers in the performance of their official duties and the maintenance of their rights” (Constitution, Article III). Recognizing the objectives for which it was organized,
the Synod obligated itself “to assist and advise congregations, pastors and teachers affiliated with The Lutheran Church—Missouri
Synod and to exercise supervision over such pastors and teachers
as to doctrine, practice, and performance of their official duties”
(Articles of Incorporation, Article II c).
“Committed to a common confession and mission, congregations
of The Lutheran Church—Missouri Synod join with one another in
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