LCMS Convention Workbook St. Louis, Missouri — 2010, Page 278

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278

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

Constitution or Bylaws? Are advisory delegates allowed
to attend these meetings and have voice, as they would
at a convention?
Opinion: It is the commission’s understanding that a two-way flow
of information is intended at these meetings. Those in attendance
will receive a presentation regarding the final report of the task
force. They will also be provided opportunity to respond to the
chairman and vice-chairman of the convention floor committee to
which the task force report will be assigned. The President may
invite whom he chooses to accomplish these purposes.
Question 3: Bylaw 3.1.2.2 says that delegates begin their term “with
the convention.” Would these meetings conflict with
that by moving the start of their terms to these regional
meetings?
Opinion: The commission notes that it is not unusual for delegates
to be involved in convention activity prior to the official opening of
a convention, e.g., when they are appointed to serve on convention
floor committees.
Adopted Oct. 31–Nov. 1, 2009
Review and Summary of Former CCM Opinions
re Ecclesiastical Supervision (09-2570)
The President of the Synod in a November 5, 2009 letter made the
following request of the commission:
As you are aware, CCM Opinion 02-2309 has been questioned by
numerous individuals and in resolutions adopted at a number of district
conventions. While many are also aware of additional CCM opinions
that clarify Opinion 02-2309, others are either unaware of or see as insufficient or unsatisfactory these clarifying opinions. …
Accordingly, I respectfully request that the commission prepare
a succinct yet comprehensive review and summary of the topics addressed by CCM Opinions 02-2309 and any subsequent opinions, reports, resolutions, or other documents that pertain thereto.

Although Opinion 02-2309 was issued over seven years ago and
has been reviewed by two subsequent conventions of the Synod,
the fact that it continues to attract attention and misunderstanding
warrants this further review and summary. As noted, this subject has
also been periodically addressed in prior Opinions 02-2296, 02-2320,
and 03-2338 A–C.
Opinion: In forming the Synod, the founding members established
both the conditions and requirements for joining and the circumstances under which membership could be removed against a
member’s will. For the protection of its members and in order to
avoid unintended, unwarranted, or arbitrary attempts to terminate
membership, the Synod also established as part of its initial formation a system of ecclesiastical supervision, and imposed upon
the supervisors it selected the responsibility on behalf of the Synod
itself to keep members apprised of those actions which might place
membership in jeopardy.1
Article XIII 12 of the Synod’s Constitution protects members from
unwitting loss of membership by requiring prior futile admonition before expulsion. The term “admonition” by definition suggests that one
is advised of the appropriateness or inappropriateness of a course of
action. Admonition cannot by definition be futile until given and subsequently ignored or rejected. The Synod’s theological positions are
determined by the collective understanding of the Synod as expressed
in convention, not by the individual understanding of ecclesiastical
supervisors. Opinion 02-2309 is not an expression of our theology, but
rather of our ecclesiastical polity. As a Synod it grants that a member
can look to the ecclesiastical supervisors provided by the Synod for
such counsel, advice, and admonition as may be necessary to avoid
taking actions which might result in one’s unintended expulsion.

The Synod and all its members have acknowledged the joint confession contained in Article II of the Constitution3 and the conditions
of membership as set forth in Article VI.4 A necessary corollary to the
discussion above recognizes the duties, responsibilities, and implications for ecclesiastical supervisors. Neither the Synod itself nor its
chosen ecclesiastical supervisors may grant anyone the right to violate
the Scriptures with impunity. The Synod through its ecclesiastical
supervisors provides counsel and advice—not immunity, approval,
or permission, much less license. To the extent that an ecclesiastical supervisor’s counsel and advice is contrary to Holy Scripture,
such supervisor must himself be held accountable. And to the extent
that the Synod becomes aware that one of its chosen and delegated
ecclesiastical supervisors has given erroneous advice which has been
relied upon by a member, the Synod must provide that member with
corrected advice and give the member the opportunity to take corrective steps before expelling such member.
Notes
1. Constitution, Article III Objectives
The Synod, under Scripture and the Lutheran Confessions,
shall—…
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; …
2. Constitution, Article XIII Expulsion from the Synod
1. Members who act contrary to the confession
laid down in Article II and to the conditions of
membership laid down in Article VI or persist in
an offensive conduct, shall, after previous futile
admonition, be expelled from the Synod.
3. Constitution, Article II Confession
The Synod, and every member of the Synod, accepts without reservation:
1. The Scriptures of the Old and the New Testament
as the written Word of God and the only rule and
norm of faith and of practice;
2. All the Symbolical Books of the Evangelical
Lutheran Church as a true and unadulterated statement and exposition of the Word of God, to wit:
the three Ecumenical Creeds (the Apostles’ Creed,
the Nicene Creed, the Athanasian Creed), the Unaltered Augsburg Confession, the Apology of the
Augsburg Confession, the Smalcald Articles, the
Large Catechism of Luther, the Small Catechism
of Luther, and the Formula of Concord.
4. Constitution, Article VI Conditions of Membership
Conditions for acquiring and holding membership in the
Synod are the following:
1. Acceptance of the confessional basis of Article II.
2. Renunciation of unionism and syncretism of every
description, such as
a. Serving congregations of mixed confession, as
such, by ministers of the church;
b. Taking part in the services and sacramental rites
of heterodox congregations or of congregations
of mixed confession;
c. Participating in heterodox tract and missionary
activities.

2010 Convention Workbook

2010 Convention.indb 278

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