Collection › LCMS Convention Workbook (St. Louis, Missouri) › 2013 · 65th Convention, St. Louis › Page 285

LCMS Convention Workbook St. Louis, Missouri — 2013, Page 285

front matter 1 front matter 2 front matter 3 front matter 4 front matter 5 front matter 6 front matter 7 front matter 8 front matter 9 front matter 10 front matter 11 front matter 12 front matter 13 front matter 14 front matter 15 front matter 16 front matter 17 front matter 18 front matter 19 front matter 20 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 Page 46 Page 47 Page 48 Page 49 Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 Page 58 Page 59 Page 60 Page 61 Page 62 Page 63 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Page 72 Page 73 Page 74 Page 75 Page 76 Page 77 Page 78 Page 79 Page 80 Page 81 Page 82 Page 83 Page 84 Page 85 Page 86 Page 87 Page 88 Page 89 Page 90 Page 91 Page 92 Page 93 Page 94 Page 95 Page 96 Page 97 Page 98 Page 99 Page 100 Page 101 Page 102 Page 103 Page 104 Page 105 Page 106 Page 107 Page 108 Page 109 Page 110 Page 111 Page 112 Page 113 Page 114 Page 115 Page 116 Page 117 Page 118 Page 119 Page 120 Page 121 Page 122 Page 123 Page 124 Page 125 Page 126 Page 127 Page 128 Page 129 Page 130 Page 131 Page 132 Page 133 Page 134 Page 135 Page 136 Page 137 Page 138 Page 139 Page 140 Page 141 Page 142 Page 143 Page 144 Page 145 Page 146 Page 147 Page 148 Page 149 Page 150 Page 151 Page 152 Page 153 Page 154 Page 155 Page 156 Page 157 Page 158 Page 159 Page 160 Page 161 Page 162 Page 163 Page 164 Page 165 Page 166 Page 167 Page 168 Page 169 Page 170 Page 171 Page 172 Page 173 Page 174 Page 175 Page 176 Page 177 Page 178 Page 179 Page 180 Page 181 Page 182 Page 183 Page 184 Page 185 Page 186 Page 187 Page 188 Page 189 Page 190 Page 191 Page 192 Page 193 Page 194 Page 195 Page 196 Page 197 Page 198 Page 199 Page 200 Page 201 Page 202 Page 203 Page 204 Page 205 Page 206 Page 207 Page 208 Page 209 Page 210 Page 211 Page 212 Page 213 Page 214 Page 215 Page 216 Page 217 Page 218 Page 219 Page 220 Page 221 Page 222 Page 223 Page 224 Page 225 Page 226 Page 227 Page 228 Page 229 Page 230 Page 231 Page 232 Page 233 Page 234 Page 235 Page 236 Page 237 Page 238 Page 239 Page 240 Page 241 Page 242 Page 243 Page 244 Page 245 Page 246 Page 247 Page 248 Page 249 Page 250 Page 251 Page 252 Page 253 Page 254 Page 255 Page 256 Page 257 Page 258 Page 259 Page 260 Page 261 Page 262 Page 263 Page 264 Page 265 Page 266 Page 267 Page 268 Page 269 Page 270 Page 271 Page 272 Page 273 Page 274 Page 275 Page 276 Page 277 Page 278 Page 279 Page 280 Page 281 Page 282 Page 283 Page 284 Page 285 Page 286 Page 287 Page 288 Page 289 Page 290 Page 291 Page 292 Page 293 Page 294 Page 295 Page 296 Page 297 Page 298 Page 299 Page 300 Page 301 Page 302 Page 303 Page 304 Page 305 Page 306 Page 307 Page 308 Page 309 Page 310 Page 311 Page 312 Page 313 Page 314 Page 315 Page 316 Page 317 Page 318 Page 319 Page 320 Page 321 Page 322 Page 323 Page 324 Page 325 Page 326 Page 327 Page 328 Page 329 Page 330 Page 331 Page 332 Page 333 Page 334 Page 335 Page 336 Page 337 Page 338 Page 339 Page 340 Page 341 Page 342 Page 343 Page 344 Page 345 Page 346 Page 347 Page 348 Page 349 Page 350 Page 351 Page 352 Page 353 Page 354 Page 355 Page 356 Page 357 Page 358 Page 359 Page 360 Page 361 Page 362 Page 363 Page 364 Page 365 Page 366 Page 367 Page 368 Page 369 Page 370 Page 371 Page 372 Page 373 Page 374 Page 375 Page 376 Page 377 Page 378 Page 379 Page 380 Page 381 Page 382 Page 383 Page 384 Page 385 Page 386 Page 387 Page 388 Page 389 Page 390 Page 391 Page 392 Page 393 Page 394 Page 395 Page 396 Page 397 Page 398 Page 399 Page 400 Page 401 Page 402 Page 403 Page 404 Page 405 Page 406 Page 407 Page 408 Page 409 Page 410 Page 411 Page 412 Page 413 Page 414 Page 415 Page 416 Page 417 Page 418 Page 419 Page 420 Page 421 Page 422 Page 423 Page 424 Page 425 Page 426 Page 427 Page 428 Page 429 Page 430 Page 431 Page 432 Page 433 Page 434 Page 435 Page 436 Page 437 Page 438 Page 439 Page 440 Page 441 Page 442 Page 443 Page 444 Page 445 Page 446 Page 447 Page 448 Page 449 Page 450 Page 451 Page 452 Page 453 Page 454 Page 455 Page 456 Page 457 Page 458

Scan: The Lutheran Church—Missouri Synod

⤓ Download page image (full resolution)

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS
tions (short of the Synod itself in convention) is the Commission on
Constitutional Matters, whose opinions are binding on the question
unless and until overturned by a convention of the Synod, as indicated
by Bylaw 3.9.2.2 (c): “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.” In challenging the actions of a district
president through the dispute resolution process under Bylaw 1.10,
participants are given the right to request and obtain from either or
both of these bodies binding opinions on issues within their areas of
responsibility. Because of the importance of the church’s witness to
the world by the way it resolves its disputes, the results of this process
are final and binding.
The Synod has not made the Commission on Constitutional Matters a trier of facts. Instead, the Synod has provided alternative methods for addressing factual investigations necessary for the resolution
of disputes in the Synod or within congregations. Depending on the
nature of the dispute, alternatives may include dispute resolution
and fact-finding under Bylaw sections 1.10 and 2.14–2.17, Bylaws
3.8.2.7.5–3.8.2.7.9 and 3.8.3.8.5–3.8.3.8.9, as well as those circumstances where the President of the Synod or a district president, as in
Bylaw 4.4.6, may have that responsibility and authority.
Question 3: Bylaw 4.4.6 states that in the exercise of ecclesiastical supervision of congregations I may arrange for an
official visit or investigation when a controversy arises
in a congregation. What authority or powers within
my responsibility to investigate such matters (particularly when they involve doctrinal issues) do I have
to adjudicate doctrinal issues or disputes within the
congregation?
Opinion: Please refer to the answer to question 2 above. Of necessity, a district president must be able to determine who, on behalf of
the congregation, properly speaks for the congregation in the congregation’s relationship to the Synod. When internal disputes arise
and the congregation has provided an internal method for dispute
resolution, the authority of the president is limited to visitation, investigation, obtaining reports and information, and then advising,
admonishing, and conveying the collective will of the Synod and,
if necessary, bringing appropriate disciplinary measures to assure
that the Constitution, Bylaws, and resolutions of the Synod are followed and implemented. When, however, the congregation has not
provided in advance another mechanism for the resolution of such
internal disputes, his authority is more extensive. He has the authority to investigate and review such information as may be necessary to settle the dispute, as covenanted in 1983 Res. 5-10A. He has
the authority to study, counsel, and advise how the dispute should
be settled consistent with the Constitution, Bylaws, and resolutions
of the Synod, thereby settling the dispute by presenting, interpreting, and applying the collective will of the Synod’s congregations.
The authority of a district president does not include the right to
excommunicate members of a congregation, to “call” a pastor to
serve a congregation, or to generally control the internal governance of a congregation, and, as discussed above, his actions are
subject to appeal by the congregation pursuant to the Bylaw section
1.10 processes.
(Adopted Sept. 7, 2010)

Constitutional Amendment Ratification Process
(10-2583)
In a letter dated October 19, 2010, a pastor of the Synod questioned whether the requirement for submission of constitutional
amendments to the congregations of the Synod “by means of three
announcements in the official periodical within three months after

285

the close of the convention” (Constitution, Art. XIV 3) was followed
in the ratification process of 2010 convention constitutional amendments. He questioned the interpretation of the Secretary of the Synod
that Reporter and Reporter Online may be used to satisfy the constitutional requirement, not only because such interpretation may be
wrong but also because it may “be robbing our members of a good
opportunity for informed decision making.”
Question 1: Is Constitution Art. XIV, which at the time of its
adoption according to Secretary Hartwig’s September 23, 2010, letter
referred solely to The Lutheran Witness, now to be interpreted by Bylaw
3.8.5.2.3 (2007 Handbook) to include also Reporter, even though the
Constitution speaks of a singular publication?

Opinion: For many years Der Lutheraner and its English counterpart The Lutheran Witness were considered the “official organs” or
“official synodical organs” or “official publications” of the Synod.
The 1966 Handbook (Bylaw 11.81) added for the first time: “Official reports and notices shall be published in The Lutheran Witness
Reporter.”
Additional changes were made in the 1971 Handbook, as described in its “Foreward” by Secretary Herbert Mueller:
The convention authorized certain language changes in the Constitution with the stated provision that these changes are not to be regarded
as constitutional amendments. The singular verb in Article VIII A 2 was
therefore changed to plural; “official organs” and “official publications”
were changed to “official periodicals in Article XI B 9 and Article XIV,
3 and 4; and the definite article “the” was uniformly inserted before the
word “Synod” in 82 instances. [emphasis added]

The 1971 Handbook then lists as the “Official Periodicals” of the
Synod “The Lutheran Witness, the Lutheran Witness Reporter, and
Der Lutheraner” (Bylaw 11.81). The bylaw also repeats the statement: “Official reports and notices shall be published in the Lutheran
Witness Reporter.”
In the “Foreward” to the 1975 Handbook, Secretary Mueller,
after noting the many changes made by the 1975 convention, states:
“Perhaps it should be stated that the Commission on Constitutional
Matters felt obligated, in view of the convention action with reference to the official periodicals, to change the plural to the singular in
Constitution Article XIV, paragraphs 3 and 4.” This was prompted
by one of the changes made by the 1975 convention, naming only
The Lutheran Witness as “the official periodical of the Synod.” The
Lutheran Witness was now to “include official reports and notices”
(Bylaw 11.81). When, however, the 1977 (and subsequent) handbooks again named The Lutheran Witness and Reporter as the Synod’s official periodicals, paragraphs 3 and 4 of Constitution Art. XIV
were not updated and continue to read in the singular to this day: “in
the official periodical.” Article XIV should have been updated to the
plural at that time like all of the other mentions of the periodicals of
the Synod in the Handbook, which included Constitution Art. XI 8.
It is clear, therefore, that Constitution Art. XIV, while it speaks of
“the official periodical” in the singular, is to be interpreted to speak
in the plural, given the listing of periodicals in 2007 Bylaw 3.8.5.2.3
(2010 Handbook Bylaw 3.4.3.7) where The Lutheran Witness and
Reporter are both named.
Question 2: Is Reporter Online to be considered from this time forth
to be the equivalent of Reporter for constitutional and
bylaw purposes?
Opinion: Reporter Online is now and has been since its implementation an official periodical of the Synod. As early as 1966,
Reporter was considered such an official periodical, to be used to
publish official reports and notices. This has been and continues
to be the case, except for a brief period of time following actions
taken by the 1975 convention of the Synod, as already noted in
2013 Convention Workbook