LCMS Convention Workbook St. Louis, Missouri — 2004, Page 352

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352 OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

lished by this Commission, or by consulting with the Commission
on Theology and Church Relations of the Synod in the case of doc-
trinal or confessional questions.

Finally, when the committee has done all that it can do for the sake
of harmony between the proposed constitution and bylaws and Holy
Scripture, the Confessions, and the teachings and practices of the
Synod, the committee provides a report to the District President. He
makes a recommendation to the District Board of Directors, whose
responsibility it is to make a final decision (Bylaw 2.03 b).

Should the District Board of Directors decide that the proposed
changes to the constitution and bylaws of the congregation are not
in harmony with Holy Scripture, the Confessions, and the teach-
ings and practices of the Synod and therefore decline to approve
the changes, the congregation must continue to use its existing con-
stitution and bylaws until such time as approval can be obtained.
All actions of District boards of directors regarding constitutions
and bylaws of congregations “shall be reported to the next conven-
tion of the District” (Bylaw 2.03 b).

In response to the particular questions asked regarding the use
of specific terminology in light of its usage in the Lutheran Con-
fessions, the District committee is advised to consult with the Com-
mission on Theology and Church Relations. Regarding approval of
the use of particular terminology in constitutions and bylaws else-
where in the Synod, the Commission on Constitutional Matters
does not have such information and suggests consultation with the
Council of Presidents.

Adopted Oct. 21-22, 2002

Ecclesiastical Supervision
and Conflict of Interest (02-2309)

A District President, in a September 27, 2002 letter that in-
cluded the signatures of twelve other members of the Council of
Presidents, asked a series of questions regarding the constitutional
provision of ecclesiastical supervision and the consequences of fol-
lowing the advice of an ecclesiastical supervisor.

Question I: May a District President who has acted in a matter
after receiving the advice of and authorization of the synodical
President be charged under Bylaw 2.27 for such act, which charge
could result in his removal from his position as District President as
well as from the roster of the Synod?

Opinion: After the example of the apostolic church, Acts
15:1-31, the Synod was formed “to unite in a corporate body the
congregations of the Evangelical Lutheran Church that acknowl-
edge and remain true to the Book of Concord of the year of our
Lord 1580 as a true exhibition of sound Christian doctrine” (Arti-
cles of Incorporation, Article II a). The Synod’s objectives include:
“The Synod, under Scripture and the Lutheran Confessions, shall—
1. Conserve and promote the unity of the true faith....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” (Constitu-
tion, Article III). Recognizing the objectives for which it was orga-
nized, the Synod obligated itself ‘to assist and advise congrega-
tions, pastors and teachers affiliated with The Lutheran
Church—Missouri Synod and to exercise supervision over such
pastors and teachers as to doctrine, practice, and performance of
their official duties” (Articles of Incorporation, Article II c).

“Committed to a common confession and mission, congrega-
tions of The Lutheran Church—Missouri Synod join with one an-
other in the Synod to support one another and work together in car-
rying out their commonly adopted objectives” (Bylaw 1.01).
According to Bylaw 1.05 d, “members agree to uphold the confes-
sional position of the Synod (Art. II) and to assist in carrying out
the objectives of the Synod (Art. III), which are objectives of the
members themselves.” Bylaw 1.05 e states: “Membership is held
in the Synod itself. However, in accordance with the objectives of
the Synod, each member enjoys certain privileges and accepts cer-
tain responsibilities also in and through the respective District and
Circuit.” According to Bylaw 2.35, “every member of the Synod

2004 Convention Workbook

shall diligently and earnestly promote the purposes of the Synod
by word and deed.” Bylaw 2.39 a adds that “the Constitution, By-
laws, and all other rules and regulations of the Synod apply to all
congregational and individual members of the Synod.” This in-
cludes doctrinal resolutions that ‘are to be honored and upheld until
such time as the Synod amends or repeals them” (Bylaw 1.09 b).

Mindful of the objectives of Synod, the conditions of member-
ship, the need for and benefit of supervision, and the concern for
unity of faith and confession, the Synod also provided ecclesiastical
supervision in its Constitution. Article XI B 1 specifically identifies
the President as the ecclesiastical supervisor of all officers of the
Synod, all such as are employed by the Synod, the individual Dis-
tricts of the Synod, and all District Presidents. Article XII 7 specif-
ically requires that District Presidents “especially exercise super-
vision over the doctrine, life and administration of office of the
ordained and commissioned ministers of their District and acquaint
themselves with the religious conditions of the congregations of
their District.”

Bylaw 3.101 A 1 summarizes the ecclesiastical powers and du-
ties of the President of the Synod when it states that the President
shall “supervise the doctrine taught and practiced in the Synod, in-
cluding all Synodwide corporate entities. In the Districts of the
Synod, he shall carry out his ecclesiastical duties through the Dis-
trict’s President. The President of the Synod has ecclesiastical su-
pervision of all officers of the Synod and its agencies, the individ-
ual Districts of the Synod, and all District Presidents.” Bylaw 2.41
i states: “Except as expressly otherwise provided in this section, a
member shall be under the ecclesiastical supervision of the Presi-
dent of the District through which synodical membership is held.”

Ecclesiastical supervision intrinsically includes all of the fol-
lowing: “supervision regarding the doctrine and the administration”
of all officers, employees, Districts, and District Presidents (Art.
XI B 1); “to admonish all who in any way depart from [the Synod’s
Constitution], and, if such admonition is not heeded, to report such
cases to the Synod” (Art. XI B 2); “power to advise, admonish, and
reprove” (Art. XI B’3); to “see to it that the resolutions of the
Synod are carried out” (Art. XI B 4); “supervision over the doc-
trine, life, and administration of office of the ordained and com-
missioned ministers....visit and, according as they deem it neces-
sary, hold investigations” (Art. XII 7); “supervise the doctrine
taught and practiced in the Synod....officially visit or cause to be
visited all the educational institutions of the Synod....meet regu-
larly with the Council of Presidents...to see to it that they are in
accordance with Article II of the Constitution, synodically adopted
doctrinal statements, and doctrinal resolutions of the Synod”
(Bylaw 3.101 A); and such other constitutional terminology as
“counsel,” “care,” and “protection” (Art. III 8 and 9).

As indicated above, the Synod has promised its individual
members supervision and counsel when the member is performing
his/her official duties. The Synod has further decided that such su-
pervision (and supervision of necessity includes counsel and ad-
monishment) shail be the responsibility of the synodical or District
President, as the case may be. The President of the Synod and Dis-
trict Presidents are officers of the Synod. Thus, the Synod, having
designated to its members the individuals who will provide to them
supervision and counsel, is itself responsible for the accuracy and
content of such supervision and counsel. Having promised super-
vision and counsel, the Synod is precluded from taking any action
to terminate the membership of its member who, when performing
his/her official duties, follows the advice and counsel of the eccle-
siastical supervisor designated by the Synod.

It would be inconsistent with the above constitutional provi-
sions to place the membership of an individual or congregation at
risk where that member relies on the ecclesiastical supervision and
counsel of the person called and chosen for that role or function. If
an act is in fact contrary to Article XIII of the Constitution, the
member who acted cannot be charged since he or she acted ac-
cording to the advice of his or her ecclesiastical supervisor. It
should be noted, however, that when an ecclesiastical supervisor
discovers error in his counsel, it is incumbent upon that supervisor
to correct or amend it. The member should then be held to consider
the corrected counsel. Failure to consider such amended admoni-