LCMS Convention Workbook St. Louis, Missouri — 2004, Page 312

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312 ECCLESIASTICAL SUPERVISION AND DISPUTE RESOLUTION

Gospel-centered message of The Lutheran Church—Missouri
Synod.

Christ Our Savior, Coppell, TX; Trinity, Roselle, IL; St.
Peter, Brooklyn, NY; Circuit 6, Northern Illinois District;
St. John, Hamilton, TX; St. Paul, Saratoga Springs, NY;
Board of Directors, Texas District

8-54

To Declare CCM Opinions re President
and Use of Chapter VIII of Bylaws Invalid

WHEREAS, A question submitted to the Commission on Consti-
tutional Matters (CCM) asks whether any person, member, or
board of the Synod may be allowed to disrupt, hamper, or harass
the President of the Synod in carrying out his duties and responsi-
bilities by invoking Bylaw 2.27 or Chapter VIII of the Bylaws, in-
cluding a question of administrative action; and

WHEREAS, The CCM states in its Opinion 02-2309, “Whereas
there may be occasions (emphasis added) when the use of Chapter
VIII of the Bylaws may be appropriate (see Opinion 03-2325), im-
plementation of the dispute resolution process should never be in-
tended or allowed to disrupt, hamper, or harass the President as he
carries out the duties and responsibilities of his office, including
those of ecclesiastical supervision”; and

WHEREAS, This opinion permits the President to determine that
the intention of “any person, member, or board of the Synod” in-
voking Chapter VIII of the Bylaws in a dispute over administrative
action on the part of the President, is to disrupt, hamper, and/or ha-
rass the President in the performance of his duties; and

WHEREAS, The CCM’s use of the phrase “may be occasions
when the use of Chapter VIII may be appropriate” gives the Presi-
dent of the Synod permission not to use the provisions of Chapter
VIII; and

WHEREAS, The CCM has stated that the President of the Synod
may only be held accountable for his actions by an assembled con-
vention of the Synod; and

WHEREAS, The President of the Synod appoints the convention
committee that will review his actions to determine whether they
were in accord with the Constitution and Bylaws of the Synod; and

WtereEas, This creates a situation in which the President of the
Synod is in reality accountable only to himself; and

Whereas, This condition is described in our Lutheran Confes-
sions as a situation that existed in the Roman Church at the time of
the Reformation: “The ninth question of the third canon states, ‘No
one shall judge the supreme see, for the judge is judged neither
by the emperor, nor by all the clergy, nor by kings, nor by the peo-
ple’ ” (Treatise 50). Also “when proper judicial process has been
taken away, the churches are not able to remove impious teachings
and impious forms of worship, and countless souls are lost genera-
tion after generation” (Treatise 51); and

WHEREAS, The Confessions warn against the danger of this and
describe the Roman Pontiff as guilty of two great sins: one, “He
wrests judgment from the church and does not allow ecclesiastical
controversies to be decided in the proper manner” (Treatise 49),
and further, “unwillingness to be judged by the church or by any-
one is to make himself out to be God” (Treatise 40); and

WHEREAS, This opens the possibility for spiritual tyranny in the
church, since we have no guarantee that in the future a President
may, according to this opinion, place himself above the church, ex-
empt from any accountability except to his own “Star Chamber
Court”; and

WuereAS, Holy Scripture warns against placing our trust in
men, “Do not put your trust in princes, nor in a son of man in
whom there is no help” (Ps. 146:3), and our confessions state,
“Such unwillingness to be judged by the church or by anybody is to
make himself out to be God” (Treatise 40); therefore be it

Resolved, That the Synod assembied in convention declare the
opinion of the CCM on this matter invalid; and be it further

Resolved, That the President of the Synod is also subject to
Chapter VII of the Bylaws, which states, “This procedure . . . shall
be the exclusive remedy to resolve such disputes,” when such a dis-
pute involves a question of administrative action; and be it further

Resolved, That disagreement with the President by a person,
member, or board of the Synod concerning his interpretation of a
doctrinal issue shall be submitted to the Commission on Theology
and Church,Relations for an opinion, and that such opinion shall
not be binding beyond the next convention of the Synod unless ap-
proved by a convention; and be it finally

Resolved, That a copy of this resolution be submitted by the Mon-
tana District as an overture to the 2004 convention of the Synod.

Montana District

8-55

To Thank God for His Servant, Dr. Wallace Schulz

WHEREAS, Dr. Wallace Schulz has conducted himself in a most
excellent and honorable manner as he has carried out his duties as a
Synod Vice-President; and

WHEREAS, Dr. Schulz has maintained integrity and notable
churchmanship in his relationship with the International Lutheran
Laymen’s League; and

WuerEAS, Dr. Schulz has set a good example for all regarding
Christian conduct in service to his Lord and to the Lord’s people; :
and

Wuereas, Dr. Schulz is now preaching Christ and Him crucified
as evangelist for the Lutheran Heritage Foundation; therefore be it

Resolved, That the 2003 Montana District convention thank
God for His servant, Dr. Wallace Schulz, with a prayer of thanks-
giving at the next devotion; and be it further

Resolved, That the 2003 Montana District convention submit
this resolution as an overture to the 2004 Synod convention, re-
questing that the Synod, in convention, thank God for Dr. Wallace
Schulz.

Montana District

8-56

To Commend Schulz for Faithfulness to Church

WHEREAS, The Rev. Wallace Schulz faithfully served Lutheran
Hour Ministries for 25 years; and
Wuere—As, Rev. Schulz has demonstrated a bold commitment to
“Bringing Christ to the Nations and the Nations to the Church”
through his work with Lutheran Hour Ministries, Good News, the
Lutheran Heritage Foundation, and various other mission endeav-
ors; and
WHEREAS, God has used Rev. Schulz’s faithfulness and zeal for
the Gospel to open many doors for confessional missionary en-
deavors throughout the world; and
WuerEAS, Rev. Schulz has served The Lutheran Church—Mis-
souri Synod on its Praesidium since 1995; and
WHEREAS, His service to the LCMS has been exemplary, char-
acterized by thoughtfulness, prayer, conscientiousness, and humil-
ity; therefore be it
Resolved, That the 62nd convention of The Lutheran Church—
Missouri Synod commend the Reverend Wallace Schulz for his
faithful service to the church; and be it further
Resolved, That The Lutheran Church—Missouri Synod in con-
vention name the Reverend Wallace Schulz as honorary Lutheran
Hour Speaker for Lutheran Hour Ministries; and be it finally
Resolved, That The Lutheran Church—Missouri Synod com-
mend the Reverend Wallace Schulz for his faithful research and
biblical conclusions regarding the Sept. 23, 2001, prayer service at
Yankee Stadium.
Circuit 26 Forum
South Wisconsin District