LCMS Convention Proceedings St. Louis, Missouri — 2004, Page 84

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84

REPORT OF THE PRESIDENT
November 2003, meeting concerning these CCM opinions will be similarly withdrawn so as to allow the issues involved to be considered by the 2004 synodical
convention.
Response: The two resolutions adopted at its November
2003 meeting state that the Board of Directors “cannot
agree with or accept” the eight opinions of the CCM and
that those opinions are “of no effect.” These resolutions
adopted by the Board of Directors are directly contrary
to Bylaw 3.183 d 2 which states that the Board of Directors “shall have the right to call up for review, criticism, modification or revocation any action or policy of a
program board, commission, or council, except opinions
of the Commission on Constitutional Matters.” If the
CCM were to withdraw the questioned opinions, the
promised withdrawal action by the Board of Directors
would be an empty gesture since the withdrawal of the
opinions by the CCM makes those opinions a nullity
and thereby “of no effect.” Further, the Board of Directors could then claim to be acting in accord with the
Constitution and Bylaws of the Synod since the constitution and bylaw limitations upon the activities of the
Board of Directors as determined in those opinions
would no longer exist.
Resolved, That the Board of Directors requests that
the Commission on Constitutional Matters consider the

2004 Convention Proceedings

attached comments in connection with its reconsideration of its opinion.
Response: After several requests by the CCM, the
Board of Directors has set forth a detailed explanation
of its concerns regarding the eight opinions. These concerns have been reviewed by the CCM. However, the
CCM cannot agree with the conclusions detailed in
those explanations.
A common thread running through the comments of
the Board of Directors is its assertion of greater authority than that conferred currently by the Constitution and Bylaws of the Synod. It advocates that its supervisory power over all the property and business
affairs of the Synod allows it to determine actions and
authority which the Constitution and Bylaws presently
give to other officers, boards and commissions. Further,
the effect of the Board’s greater assertion of authority
will necessarily be to influence doctrinal matters
through its control of finances. If the polity of the Synod
is to be changed, such change must come from the
Synod, in convention assembled, and not by fiat of an
officer or board.

Commission on Constitutional Matters