LCMS Convention Workbook St. Louis, Missouri — 2013, Page 244

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244

ADMINISTRATION AND FINANCE

the Bylaws of the Synod do not conflict with the Constitution; and
be it further
Resolved, That no time be granted to the CCM on the convention
floor to review amendments to resolutions.
Mondovi Circuit
North Wisconsin District
6-25

To Overrule CCM Opinion 02-2309
Whereas, Synod Bylaw 3.9.2.2 (c) states, “An opinion rendered
by the commission shall be binding on the question decided unless
and until it is overruled by a convention of the Synod. Overtures
to a convention that seek to overrule an opinion of the commission
shall support the proposed action with substantive rationale from the
Constitution, Bylaws, and resolutions of the Synod. All such overtures shall be considered by the floor committee to which they have
been assigned and shall be included in a specific report to the convention with recommendations for appropriate action”; and
Whereas, The Synod’s Commission on Constitutional Matters
(CCM) has given an opinion that the “Constitution and Bylaws of the
Synod do not allow or contemplate the expulsion of a member of the
Synod on the basis of an action taken with the full knowledge and
approval of the appropriate ecclesiastical supervisor” (02-2309); and
Whereas, The CCM’s opinion is incompatible with Scripture,
for the Word of God repeatedly warns against partiality in judgment
(Deut. 1:17; Eph. 6:9; Col. 3:25; James 2:1, 9) and against “making
the Word of God of none effect through [human] tradition” (Mark
7:13 KJV) and “teaching for doctrines the commandments of men”
(Mark 7:7 KJV), Scripture also teaching that “we must obey God
rather than men” (Acts 5:29 KJV); and
Whereas, The CCM’s opinion is incompatible with the Lutheran
Confessions, which teach that “it is not lawful for a human being to
repeal an obligation that is plainly a matter of divine right” (Augsburg
Confession XXVII 24, Kolb-Wengert, p. 85), and the Confessions
deny that biblical texts such as Luke 10:16 and Hebrews 13:17 grant
ecclesiastical supervisors any authority beyond the Gospel itself
(Apology XXVIII 17–21, pp. 291–92); and
Whereas, The CCM opinion in effect changes the Synod’s
Constitution by granting immunity from expulsion to those who do
not comply with the conditions of membership so long as they have
secured permission of their ecclesiastical supervisors; therefore be it
Resolved, That the Northern Illinois District East Region Pastor
Conference memorialize the Synod in convention to overrule CCM
Opinion 02-2309.
NID East Region Pastor Conference
6-26

To Provide for Review of Opinions of Commission
on Constitutional Matters
Whereas, Bylaw 3.9.2.2 (c) states, “An opinion rendered by the
commission [on Constitutional Matters] shall be binding on the question decided unless and until it is overruled by a convention of the
Synod”; and
Whereas, This, in effect, produces a body of law binding on
members of the Synod, of which they may be unaware; and
Whereas, This body of law, having accumulated since 1962,
amounts to roughly 1,500 pages of material; and

2013 Convention Workbook

Whereas, The current Handbook of the Synod, consisting of the
Constitution, Bylaws, and Articles of Incorporation, amounts to 213
pages; and
Whereas, This Bylaw 3.9.2.2 (c) seems to place the Commission
on Constitutional Matters above the Synod in convention in terms of
legislative authority, contrary to Bylaw 3.1.1; and
Whereas, Previous attempts to address this issue have been halted
at the floor committee level (see 2007 Convention Workbook, pp. 272–
274 [Ov. 8-31–38]); therefore be it
Resolved, That the first sentence of Bylaw 3.9.2.2 (c) be amended
to read, “An opinion rendered by the commission shall be binding
on the case at hand, but it shall not have precedential value unless
and until it is upheld by a convention of the Synod”; and be it finally
Resolved, That all previous CCM opinions shall be deemed to
have no precedential value except those individually upheld by the
2016 LCMS convention.
Board of Directors
Montana District
6-27

To Require Convention Consideration of Contested
CCM-Related Overtures and Resolutions
Pertaining to Theological Matters
Whereas, “The Commission on Constitutional Matters exists
to interpret the Constitution, Bylaws, and resolutions of the Synod
and ensure that the governing instruments of the Synod and its agencies are in accord with the Constitution and Bylaws of the Synod”
(Bylaw 3.9.2); and
Whereas, “An opinion rendered by the commission shall be
binding on the question decided unless and until it is overruled by a
convention of the Synod. Overtures to a convention that seek to overrule an opinion of the commission shall support the proposed action
with substantive rationale from the Constitution, Bylaws, and resolutions of the Synod. All such overtures shall be considered by the floor
committee to which they have been assigned and shall be included in
a specific report to the convention with recommendations for appropriate action” (Bylaw 3.9.2.2 [c]); and
Whereas, There is a review procedure when “an opinion pertains
to business, legal, or property matters and the board of directors of the
Synod concludes that such opinion of the commission is contrary to
the laws of the State of Missouri” (Bylaw 3.9.2.2 [c]); and
Whereas, The only remedy when the opinion pertains to theological matters is that such overtures “shall be considered by the floor
committee” (Bylaw 3.9.2.2 [c]), which does not necessarily result in
consideration by the convention of the Synod, thus allowing an opinion on theological matters to remain binding without review of the
convention; and
Whereas, Amendments to the Bylaws are the responsibility of
only the conventions of the Synod (Bylaws 7.1.1 and 7.1.2); therefore be it
Resolved, That any overtures and resolutions submitted to a convention of the Synod regarding theological opinions rendered by the
CCM must be given time for consideration by the convention of the
Synod and may not be removed from the docket; and be it further
Resolved, That any opinion of the CCM which has been challenged
as outlined above and which receives no time for consideration by the
convention of Synod be declared null and void upon the adjournment
of that convention of the Synod.
Christ,Trego, WI; Circuit 3, North Wisconsin District