LCMS Convention Workbook St. Louis, Missouri — 2013, Page 296

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296

OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS

of Synod.” This included “To stand guard over (Ueberwachung–
“watch over’) the purity and unity of doctrine within the synodical
circle” (Article IV 1), “Supervision (Aufsicht) over the performance
of the official duties on the part of the pastors and teachers of Synod”
(Article IV 2), and “To give theological opinions, also settle disputes
between single persons or between parties in the congregations. But
the latter is to take place only in cases where all persons involved
have applied for arbitration” (Article IV 9).
5. Under Article V of the 1847 Constitution, “Execution of
Synodical Business,” the Synod required the President to report on
the visitations he had made by the instruction of the Synod in the
foregoing year, and to supervise (beaufsichtigen–“oversee, direct,
superintend”) the pastors and teachers in respect to their doctrine,
life, and performance of their duties. In this same article “supervision language is used such as “visit,” “investigate,” “supervise,” and
“examine.” Under the same article it was recognized that the Synod
as a whole was to supervise how each individual pastor cares for the
souls under his care and that the Synod has the right of inquiry and
judgment (Article V 15). Among the various duties of the President
in Article VI a, it was expected of him in his supervisory capacity to
follow strictly the written instructions that he had received from the
Synod (Article VI A 13).
6. “…For this reason, the Synod establishes procedures for such
action, including the identification of those who are responsible for
ecclesiastical supervision of its members. Such supervision includes
not only suspension or termination of membership but also advice,
counsel, encouragement, and, when necessary, admonition regarding teaching and/or practice…” (Bylaw 2.14.1); “…Furthermore, it
has identified those responsible for ecclesiastical supervision of its
members, including such matters as advice and counsel, as well as
suspension of membership and forfeiture of it for failure to continue
to meet membership requirements…” (Bylaw 2.1.2).
7. Landmark October 11, 1974 Opinion by the CCM:
An analysis of Assertions in Present Controversy
In dealing with the many requests that have been placed before the
Commission on Constitutional Matters during this time of controversy
within the Synod, the Commission has heard recurring expressions of
certain propositions. It feels constrained to comment on some of these
assertions which in the estimation of the Commission are either invalid
or are at least misleading and in that way tend to becloud the issues before the Synod and to vitiate the Constitution and Bylaws of the Synod.
I. “Christians are ruled not by laws but by the Gospel.”
There are several ways in which this theme has been stated in denigrating the Constitution and Bylaws of the Synod and thus finally making them of no effect.
Among Missouri Synod Lutherans there should be no need to state
once again that we believe and confess that we are saved not by the
works of the law but by God’s grace for Christ’s sake through faith.
We exult in our freedom from the demands of the law as children of a
gracious heavenly Father. We remember with gratitude that Christ our
Savior has fulfilled these demands for us and that through His blood we
have forgiveness for all our sins. And so we can rejoice in the promise
of life everlasting already here and now. This is the wellspring of our life
and we will permit no legalism in whatever form to deprive us of the joy
which is ours thru the unmerited grace of our God.
Do we then renounce, repudiate, set aside the law of God? By no
means. As Lutherans learn in their Catechism instruction, the law of
God has three great purposes:
1.	To hold in check the coarse outbursts of sin on the part of unbelievers and also on the part of the old Adam of the Christian;

2013 Convention Workbook

2.	To show us our sins so that we may truly find our joy and salvation in Christ, the Savior from sin;
3.	To serve the child of God as a guide for his doxological life of
service to the God of all love as that life is lived out among other
men. There are some who deny the third use of the law but the
Commission affirms what the Scriptures and our Lutheran Confessions teach regarding it.
So much can be said for the law of God. It has a place in the life
of the Christian. But is there room for human, man-made laws in the
life of Christians together? We submit that there is. Whenever two individuals, even Christian people, enter into a relationship with each
other—whether it be in marriage or in a business partnership or in whatever relationship it may be—certain agreements, rules, contracts, covenants—“laws,” if you will—become necessary. The same is true when
Christians join together as a worshiping and serving community of God
in the world. It is customary for Lutheran congregations to use not only
the Bible and the Lutheran Confessions but also unwritten traditions and
especially written Constitutions and Bylaws as instruments under which
they agree to govern themselves.
This is true also of larger federations of Christians, such as agencies, councils, and synods. In our Synod we make certain commitments
to one another. We agree what we shall do and how we shall do it and
why we shall do it. These agreements are spelled out in a Constitution,
in Bylaws, and in resolutions. We promise to walk together according
to the agreements that we have made. We pledge one another our word.
Since Christians recognize the law of Christian love as the highest law of human conduct, it governs also our life together within the
Synod. In Christ, we love those with whom we have joined hands and
to whom we have given our pledge, and so we keep our word to them.
We carry out our solemn covenants and agreements. To set aside any
article of the Constitution, a bylaw, or even a resolution of the Synod,
simply because in our personal estimation it is not acceptable, means
to exalt our own will above the will of the Synod stated especially in
its Constitution and Bylaws. That would be self-seeking, self-righteous,
judgmental, and loveless. This is not the way of Christians with one
another.
To be sure, there are genuine instances when conscience is involved.
It may be a conscience instructed by the Word of God or it may be an
erring one. Lutherans are sensitive to the plea of conscience. Lutherans
sometimes forget, however, that Martin Luther placed his great emphasis on the conscience which is informed and instructed by the Word
of God. We need to guard against using conscience as a misnomer for
personal desire and opinion.
The Synod has always made provision to respect the genuine demands of conscience. However, the individual who is troubled in his
conscience must also respect the conscience of those who do not agree
with him and be prepared to support his position from the Word of God.
As our teachers have so long pointed out, one must distinguish carefully between the giving of offense and the taking of offense. If the
Synod were to halt its operations whenever someone takes offense at its
action, the Synod would be paralyzed. To be sure, the Synod must be
on its guard never to give offense. But the individual, over against the
Synod, must also exercise great care that he is truly governed by love
and not by self-interest or self-will.
To bring all this down to the issue with which we are dealing: It is
a breach of Christian love to place self-will above the mutually agreed
upon will of the Synod as it has stated it in its Constitution and Bylaws.