LCMS Convention Workbook St. Louis, Missouri — 2010, Page 274

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274

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

Similarly, with respect to doctrine taught and practiced by the
Synod through its resolutions, the issue has previously been raised
in Opinion 00-2212, as follows:
Bylaw 2.39, c [2007 Handbook Bylaw section 1.8] describes the
procedure for dissent to doctrinal resolutions of the Synod by members
of the Synod. Districts are not members of the Synod but are divisions
of the Synod, “the geographical boundaries of which are determined by
the Synod and are altered by it according to circumstances” (Article XII,
1). “The Synod establishes districts in order more effectively to achieve
its objectives and carry on its activities” (Bylaw 4.01) [2007 Bylaw
4.1.1]. As such, districts “as component parts of the Synod are obligated
to carry out the resolutions of the Synod” (Bylaw 1.05, f) [2007 Bylaw
1.3.6]. An official action by a district, therefore, to file an expression of
dissent to the Synod regarding a doctrine taught and practices by the
Synod is out of order and, therefore, null and void.

In circumstances where the Synod has adopted a resolution calling
for action or participation by a specific agency of the Synod, or by all
its agencies, the agency is not at liberty to ignore that resolution. Any
attempt by the agency to pass a resolution calling for the agency’s
disobedience of such resolution is without authority and thus should
be considered null and void. Under such circumstances, the matter
should be brought to the attention of the President of the Synod, who
is charged under Bylaw 3.3.1.2: “The President shall oversee the
activities of all officers, executives, and agencies of the Synod to see
to it that they are acting in accordance with the Constitution, Bylaws,
and resolutions of the Synod.”
Adopted April 3–4, 2009
Bylaw 3.9.2.2 (c) Implementation Guidelines
A draft guidelines document to help those convention floor committees assigned overtures proposing the overturn of CCM opinions
to understand how the commission carries out its responsibility for interpretation of the Constitution, Bylaws, and resolutions of the Synod
was reviewed. After discussion, the following guidelines document
was adopted, to be provided to convention floor committees as appropriate and appended to the internal governing documents of the
commission.
BYLAW 3.9.2.2 (c) GUIDELINES
Overtures may be submitted to a convention of the Synod requesting the overturn of a formal opinion of the Commission on Constitutional Matters. Floor committees assigned such overtures must
consider them in light of the provisions set forth in Bylaw 3.9.2.2 (c):
(c) 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. 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.

In order to assist floor committees receiving such assignments,
the commission respectfully offers the following background and
information outlining how, based on substantive rationale, the commission arrives at its opinions.
1. Understanding the Role of the Commission on Constitutional
Matters and its Responsibility for Interpretation
Dr. C. F. W. Walther stated in his 1879 essay, “Duties of an Evangelical Lutheran Synod,” presented to the first Iowa District convention: “Therefore, anyone who joins a synod knows in advance: ‘I
am now becoming a member of an organization that is charged with
the responsibility of supervising church affairs; I am also joining
an organization that operates with a specific system of regulations

[Ordnung], for without regulations it could not exist.’ ” (Essays for
the Church, C. F. W. Walther, Vol. II, CPH, 1992).
Through the delegation of responsibilities, the members of the
Synod carry out what they themselves decide, which is expressed
and set forth in the Synod’s Constitution, Bylaws, and resolutions.
Historically, the Commission on Constitutional Matters (CCM) has
been responsible for providing the important service of interpretation of the Synod’s Constitution, Bylaws, and resolutions, thereby
assisting the members of the Synod in carrying out in a fitting and
orderly manner the Synod’s “church affairs” through its “system of
regulations.”
The commission does not develop policies or programs, nor does
it supervise their implementation. The commission does not see to it
that the Constitution, Bylaws, and resolutions of the Synod are carried out, nor does it interpret the Scriptures. Through its opinions,
however, the commission does carry out its particular responsibility
to interpret (between conventions) the collective will of the Synod as
specified in the Constitution, Bylaws, and resolutions of the Synod.
And while having no authority over any officer, board, or commission, the commission does state through its opinions/interpretations
precisely what authority this Synod of self-governing congregations
has reserved unto itself alone and what the Synod has delegated specifically to others.
In the commission’s important function of interpreting, it thereby
assists in the clarification and understanding of the Constitution, Bylaws, and resolutions for the members of the Synod, thereby helping
to promote harmony and to prevent self-will, self-ambition, controversy, dissension, and division. This function of interpretation is
stressed in the Bylaws of the Synod:
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; see also Bylaw
3.9.2.2.4)
The Commission on Constitutional Matters shall interpret the Synod’s Constitution, Bylaws, and resolutions upon the written request of
a member (congregation, ordained or commissioned minister), official,
board, commission, or agency of the Synod. (Bylaw 3.9.2.2)
The Commission on Constitutional Matters shall examine all reports
and overtures to the Synod asking for amendments to the Constitution
and Bylaws of the Synod or which in any manner affect the Constitution
and Bylaws, to determine their agreement in content and language with
the Constitution and Bylaws of the Synod. (Bylaw 3.9.2.2.1)
[Amendments to bylaws] shall be examined by the Commission on
Constitutional Matters prior to presentation to the convention to determine that they are not in conflict with the Constitution and Bylaws of the
Synod. (Bylaw 7.1.1 [c])

Underscored words and phrases in the preceding paragraphs (emphasis added) call attention to the need for interpretation to “ensure
that the governing documents of the Synod and its agencies are in
accord,” to “determine their agreement in content and language,” and
to “determine that [amendments] are not in conflict” with the Synod’s
Constitution, Bylaws, and resolutions.
2. Understanding the Rules and Principles of Interpretation Used
by the Commission on Constitutional Matters in Carrying Out its
Responsibility for Interpretation
The commission, whose opinions substantially are or are based
upon interpretation, follows rules or principles of interpretation to
arrive at its opinions, including the following:
• Grammatical exegesis (deriving the meaning of a text), looking at the
text as a literary document with a literary context and historical set-

2010 Convention Workbook

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