LCMS Convention Workbook St. Louis, Missouri — 2010, Page 252

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252

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

Opinion: Opinion 02‑2309 (cf. Opinions 02-2296 and 02-2320)
concluded that the Synod, having promised evangelical supervision
and counsel to its members, 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. In other words, the
opinion addressed the fact that a member of the Synod had the right
to rely on the advice and counsel of his/her ecclesiastical supervisor in taking official actions without fear of being expelled from
the Synod.
After prayerful consideration and for the following reasons, the
Commission reaffirms its prior opinions 02-2296, 02-2309, and 022320. In reviewing the nature and function of Synod, the Synod,
which is “collectively … an … association of self‑governing Lutheran
congregations” (Bylaw 3.51 a) expresses its collective understanding
(and interpretation) of the Scriptures and the Lutheran Confessions
through its doctrinal resolutions and statements in convention (Bylaw
1.09 a) and also expresses its collective will through its Constitution,
Bylaws and other resolutions (Bylaw 3.01).
On the basis of the Synod’s Constitution and Bylaws, if the Constitution and Bylaws or resolutions of the Synod contradict God’s
unchangeable Word or exceed the boundaries of Holy Scripture, “the
only rule and norm of faith and of practice” (Article II), it is incumbent upon the Synod in convention to amend or repeal such. And any
action or decision of officers, boards or commissions may be appealed
to the Synod in convention (Bylaw 3.73).
As set forth in Bylaw 3.905 d, the Commission on Constitutional
Matters is charged with the duty to “interpret the Synod’s Constitution, Bylaws, and resolutions.” It does not interpret the Scriptures.
Thus the Synod has limited the Commission in its responses to the
specific provisions of the Constitution, Bylaws and resolutions of
the Synod. The Synod has reserved unto itself the right to determine whether a decision of the Commission is valid or in error or
if it contradicts the Synod’s Constitution and Bylaws. Bylaw 3.905
d provides that “an opinion rendered by the commission shall be
binding on the question decided unless and until it is overruled by a
synodical convention.”
Further, regarding the issues of evangelical and ecclesiastical supervision, responsibility, and accountability, the Commission calls
attention to the following: In the formation of our synodical union,
“the Synod, under Scriptures and the Lutheran Confessions” established various objectives including “evangelical supervision, counsel,
and care for pastors, teachers, and other professional church workers
of the Synod in the performance of their official duties” and “protection for congregations, pastors, teachers, and other church workers in
the performance of their official duties and the maintenance of their
rights” (Article III 8 and 9). [Emphasis added]
Bylaw 3.51 k defines ecclesiastical supervision as follows: “…
ecclesiastical supervision shall be determined exclusively by those
Bylaws pertaining to ecclesiastical supervision.” Among the bylaws
that primarily address this issue are Bylaw 3.101 which relates to the
President of the Synod and Bylaws 4.71−4.75 which relate to District
Presidents. Both segments of the Bylaws indicate that the President
of the Synod and a District President have the duty to “supervise the
doctrine” and “see to it that” the Constitution and Bylaws and resolutions of the Synod are carried out as part of their respective areas of
responsibility (cf. Constitution Article XI b and Article XII 7 and 8).
Therefore, this Synod-provided ecclesiastical supervision, which
is neither a matter of giving permission nor exercising legislative
control or coercive power (Article VII) but is one of giving advice
and counsel, is circumscribed and exercised not by the will of the
ecclesiastical supervisor, not by individual interpretation, and not

by public opinion or by groups within or outside of Synod but by
the collective will of the congregations of the Synod in convention.
This also holds true in administering the supervisory and disciplinary
provisions of the Bylaws in carrying out Article XIII of the Constitution. Under the authority of the Synod, the ecclesiastical supervisor
does what he has been authorized and directed to do on behalf of the
Synod and is accountable to the Synod in convention.
Thus, Opinion 02-2309 opined that in the forming of the Synod,
one of the objectives and protections of the Synod itself was that the
Synod was to provide for ecclesiastical supervisors, and inherent in
such supervision is that those so supervised can reasonably rely on the
counsel and advice in the performance of their official duties without
having to fear that actions taken in accord therewith will place their
very membership in the Synod at risk. That is not to say, however,
that the advice will always be correct and that therefore the member’s
action is correct. It is noted in Opinion 02-2309 “that when an ecclesiastical supervisor discovers error in his counsel, it is incumbent upon
that supervisor to correct or amend it. The member should then be
held to consider the corrected counsel.” The protections of the Synod
as expressed in Opinion 02-2309 are protections of one’s membership
in the Synod and not a protection from the duty and responsibility to
constantly consider the appropriateness of one’s actions in view of
the Word of God. No one is immune from responsible, God-pleasing
conduct and behavior or personal accountability before God.
The Commission also calls attention to the language of Opinion
02-2309. Both in the second to last paragraph of the answer to Question 1 and in answer to Question 2, the opinion specifically references
official duty and action, not personal offensive conduct. The opinion
notes in Question 1 that “the Synod has promised its individual members supervision and counsel when the member is performing his/her
official duties.” The answer to Question 2 concludes 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” (emphases added). Thus, personal offensive conduct or
conduct that is illegal or criminal can certainly not be included in the
context of the quoted prior opinion.
In addressing accountability of the District President and the President of the Synod, Article XII 7 of the Constitution provides that “the
District President shall, moreover, especially exercise supervision
over the doctrine, life, and administration of office of the ordained
and commissioned ministers of their District. … ” Who then exercises
ecclesiastical supervision over a District President? Bylaw 3.101 A 1
provides, “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.” Who then has ecclesiastical
supervision of the President of The Synod? Neither the Constitution
nor the Bylaws provide a specific answer to that question. However,
in 1992 the Commission issued an opinion (Ag. 1915), which has
not been overruled by any subsequent convention of the Synod. That
opinion provided in part as follows: The Synod has a right to call its
officers to account and to remove them from office in accordance with
Christian procedure (Article XI 2). The Commission then commented,
“It would seem that the only recourse is an appeal to the convention
of the Synod. …”
Adopted Dec. 13, 2003
Authority of the Board of Directors re Radio Station KFUO
(03-2357)
In a letter received June 9, 2003, a District President questioned
the right of the Board of Directors of the Synod to assume direct
responsibility for the operation of KFUO radio in light of past convention actions. He also inquired regarding the possibility of a similar

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