LCMS Convention Workbook St. Louis, Missouri — 2010, Page 283

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS
locality, as well as such resolutions that affect a congregation
in the area of self‑government (Constitution, Article VII). That
the Synod does not intend the exceptions to apply to doctrinal
resolutions is evident from the fact that doctrine does not properly belong to the area of self‑government, and from the fact
that doctrine may not be accepted or rejected upon the basis of
considerations of expediency.
The provision that allows a member to reject a doctrinal
resolution of the Synod is that such a reso­lution is “not in
accordance with the Word of God” (Article VII of the Constitution). The Synod, therefore, holds that every member, by
virtue of his agreement when he voluntarily joined the Synod
and freely placed himself under the provisions of the Synod’s
Constitution and Bylaws, is bound by the Word of God expressed in the Synod’s resolutions until it can be demonstrated
that a resolution is in fact “not in accordance with the Word
of God.” Otherwise the Synod holds that its reso­lutions are to
be considered “of binding force if they are in accordance with
the Word of God” (Bylaw 1.09 b [2007 Bylaw 1.7.2]), and the
Synod permits no member to teach or practice in violation of
a resolution simply on the grounds that he does not agree with
it or that it is in conflict with his private persuasion.

Appendix I—Response of Opinion 99-2157
to Question 2
Question 2: What does the phrase “inexpedient as far as the condition
of the congregation is concerned” mean, and how is it
applied in matters relating to the right of self-government of LCMS congregations?
Response to Question 2: The phrase in [the] question is taken from
Article VII of the Constitution of the Synod, which
states:
In its relation to its members the Synod is not an ecclesiastical government exercising legislative or coercive powers, and with respect to
the individual congregation’s right of self-government it is but an advisory body. Accordingly, no resolution of the Synod imposing anything
upon the individual congregation is of binding force if it is not in accordance with the Word of God or if it appears to be inexpedient as far
as the condition of the congregation is concerned

It should be noted that the second sentence of Article VII states,
“… no resolution of the Synod …” (emphasis added). It does not
speak of the Constitution or Bylaws of the Synod. “The right of a
congregation to exercise the right of expediency (Bylaw 1.09b [2007
Handbook 1.7.2]) applies only to resolutions of the Synod and not to
the Constitution and Bylaws” (1969 Res. 5-23).
Bylaw 1.05, d [2007 Handbook 1.3.4] elaborates on the principle
set forth in Article VII:
Congregations together establish the requirements of membership
in the Synod (Art. VI). In joining the Synod, congregations and other
members obligate themselves to fulfill such requirements. 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 the
objectives of the members themselves. Thus, while congregations of the
Synod are self governing (Art. VII), they, and also individual members,
commit themselves as members of the Synod to act in accordance with
the synodical Constitution and Bylaws under which they have agreed
to live and work together and which the congregations alone have the
authority to adopt or amend through conventions.

Bylaw 1.09 [2007 Handbook 1.6.2], addressing the topic of doctrinal resolutions and statements, provides:

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The Synod, in seeking to clarify its witness or to settle doctrinal controversy, so that all who seek to participate in the relationships that exist
within and through the Synod may benefit and may act to benefit others,
shall have the right to adopt doctrinal resolutions and statements which
are in harmony with Scripture and the Lutheran Confessions.

Regarding such doctrinal resolutions, Bylaw 1.09, b [2007 Handbook 1.6.2 (a)], states, “Such resolutions come into being in the same
manner as any other resolutions of a synodical convention and are to
be honored and upheld until such time as the Synod amends or repeals
them.” As to doctrinal statements, Bylaw 1.09 c 7 [2007 Handbook
1.6.2 (b)(7)] states, “They shall be honored and upheld (“to abide by,
act, and teach in accordance with” [1971 Res. 2-21]) until such time
as the Synod amends or repeals them.”
This relation of the Synod to its members, where its resolutions
are concerned, is further defined in Bylaw 2.39 a–c [2007 Bylaw
sections 1.7 and 1.8]:
a. The Constitution, Bylaws, and all other rules and regulations of
the Synod apply to all congregations and individual members of the
Synod. …
b. The Synod expects every member congregation to respect its
resolutions and consider them of binding force if they are in accordance
with the Word of God and if they appear applicable as far as the condition of the congregation is concerned. The Synod, being an advisory
body, recognizes the right of the congregation to be the judge of the
applicability of the resolution to its local condition. However, in exercising such judgment, a congregation must not act arbitrarily, but in
accordance with the principles of Christian love and charity.
c. While retaining the right of brotherly dissent, members of the
Synod are expected as part of the life together within the synodical fellowship to honor and to uphold the resolutions of the Synod. If such
resolutions are of a doctrinal nature, dissent is to be expressed first
within the fellowship of peers, then brought to the attention of the Commission on Theology and Church Relations before finding expression as
an overture to the convention calling for revision or recision. While the
conscience of the dissenter shall be respected, the consciences of others,
as well as the collective will of the Synod, shall also be respected.

What then is meant by a “congregation’s right of self-government”? Since 1854, conventions of the Synod have refused to adopt
resolutions which were thought to interfere with the “self-government” of the local parish, explaining that the Synod “is an advisory
body.” Historically, four areas of self government have been recognized: (a) The calling of pastors, teachers, etc., from a list of those
accredited by the Synod itself; (b) The owning and maintaining of
congregational property without granting any rights of it to the Synod;
(c) Church discipline; and (d) The administration of a congregation’s
programming and financial affairs.
Thus, in answer to the question to the commission, the phrase
“inexpedient as far as the condition of a congregation is concerned”
does not refer to the Constitution and Bylaws of the Synod and is
restricted to resolutions adopted by a convention of the Synod which
are non-doctrinal in nature.” (Emphasis is added due to the concern
expressed in 2007 Overture 8-44 requesting reconsideration.)

Appendix II—Selected Article and Bylaw Citations
re Resolutions of the Synod
The following phrases from the Constitution and Bylaws of the
Synod help to understand both the meaning and the application of
Article VII in the life of the Synod:
Article VIII C	All matters of doctrine and of conscience shall be
decided only by the Word of God. All other matters

2010 Convention Workbook

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