LCMS Convention Workbook St. Louis, Missouri — 2013, Page 335

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OPINIONS OF COMMISSION ON CONSTITUTIONAL MATTERS
10. 4.1.1.3 The Synod decides when and whether a district shall be
formed, divided, realigned, or merged with another or other districts,
or dissolved; determines the boundaries of a district; and approves
the name of a district.
(a) A proposal calling for the formation, division, realignment,
merger, or dissolution of a district or districts may be initiated by a national convention of the Synod or the Board of Directors of the Synod.
(b) Such proposals shall
(1) be submitted to the President at least six months prior to a
convention of the Synod;
(2) be produced in consultation with the Department of Planning and Research;
(3) include a substantiated description of the nonviable aspects
of the current district(s) on the basis of general principles of viability
adopted from time to time by conventions of the Synod, and shall
specify the problems or factors which make the adoption of the proposal advisable or necessary;
(4) provide evidence that the proposed change is the best of the
options available;
(5) provide a specific and realistic development plan for the
proposed district(s), including detailed proposals for staff personnel
and financial operations; and
(6) be the object of an evaluation prepared by the Board of Directors of the Synod and submitted to the convention.

11. A footnote to the document produced by the Commission on
Constitutional Matters, “Guidelines for Constitutions and Bylaws of
Lutheran Congregations,” states, “Historically, The Treatise on the
Power and Primacy of the Pope, not listed in Article II, has often been
considered to be included in the Smalcald Articles.”
12. The commission was informed by the CUS Board of Directors
that “since the Board for Higher Education was formed in 1938, the
national Synod has always had the privilege of approving theological
faculty at the colleges and seminaries.”
13. See, for example, Synod Bylaw 1.10.14(a), wherein the complainant and the respondent both have a right to a select a district
president to serve on an appeal panel; and see Synod Bylaw 2.14.7.2,
where both the accused and the district president who placed the accused on suspended status may choose a district president to serve
on the hearing panel. See also a similar procedure in Synod Bylaw
2.13.3.2(a), wherein a hearing panel is selected to consider removal
of restricted status for an individual member of Synod.
14. Bylaw 2.14.9.2: “Any member participating in this bylaw
procedure that violates any of the requirements or procedures in this
bylaw or is persistent in accusations is subject to the same disciplinary measures as set forth in this bylaw. Violations of the prohibition
against publicity while a matter is still undecided or while an appeal
is contemplated or pending (Bylaw 2.14.7.8 [g]) above) by any of the
persons involved are specifically included as violations subject to the
same disciplinary measures set forth in this bylaw.”
15. Please note also that if an objection is timely raised, SOPM
general regulation “U” requires: “Issues raised in a timely manner are
to be considered and resolved by the appropriate panel.”
16. “Individual Christians are joined together in a worshiping and
serving community, the congregation. Congregations, the basic units
of the Synod, have joined together to form the Synod and relate to
one another through it” (Bylaw 1.3.1).
17. “Conditions for acquiring and holding membership in the
Synod are the following:

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1. Acceptance of the confessional basis of Article II.
2. Renunciation of unionism and syncretism of every description,
such as:
a. Serving congregations of mixed confession, as such, by ministers of the church;
b. Taking part in the services and sacramental rites of heterodox
congregations or of congregations of mixed confession.
c. Participating in heterodox tract and missionary activities.
3. Regular call of pastors, teachers, directors of Christian education,
directors of Christian outreach, directors of family life ministry,
directors of parish music, deaconesses, certified lay ministers, and
parish assistants and regular election of lay delegates by the congregations, as also the blamelessness of the life of such.
4. Exclusive use of doctrinally pure agenda, hymnbooks, and catechisms in church and school.
5. A congregation shall be received into membership only after the
Synod has convinced itself that the constitution of the congregation, which must be submitted for examination, contains nothing
contrary to the Scriptures or the Confessions.
6. Pastors, teachers, directors of Christian education, directors of
Christian outreach, directors of family life ministry, directors of
parish music, deaconesses, certified lay ministers, or candidates
for these offices not coming from recognized orthodox church
bodies must submit to a colloquium before being received.
7. Congregations and individuals shall be received into membership
at such time and manner, and according to such procedures, as
shall be set forth in the Bylaws to this Constitution” (Constitution, Art. VI).

18. “Congregations together establish the requirements of membership in the Synod Constitution, Art. VI). In joining the Synod,
congregations and other members obligate themselves to fulfill such
requirements and to diligently and earnestly promote the purposes of
the Synod by word and deed. Members agree to uphold the confessional position of the Synod (Constitution, Art. II) and to assist in
carrying out the objectives of the Synod (Constitution, Art. III), which
are the objectives of the members themselves. Thus, while congregations of the Synod are self-governing (Constitution, Art. VII), they,
and also individual members, commit themselves as members of the
Synod to act in accordance with the Constitution and Bylaws of the
Synod under which they have agreed to live and work together and
which the congregations alone have the authority to adopt or amend
through conventions” (Bylaws 1.3.4 & 1.3.4.1).
19. “A congregation shall be received into membership only after
the Synod has convinced itself that the constitution of the congregation, which must be submitted for examination, contains nothing contrary to the Scriptures or the Confessions” (Constitution, Art. VI 5).
20. “To apply for membership in the Synod a congregation shall
have an approved constitution and bylaws.
(a) The congregation shall submit its constitution and bylaws to
the appropriate district president, who shall refer such to the standing committee of the district…
(b) The Constitution Committee shall examine the constitution
and bylaws to ascertain that they are in harmony with Holy Scriptures, the Confessions, and the teachings and practices of the Synod
in order that any necessary changes may be made by the congregation before the application is acted upon” (Bylaw 2.2.1).

21. “A congregation desiring to retain membership in The Lutheran Church—Missouri Synod shall continue to have a constitution and bylaws approved by the Synod. (a) A member congregation
which revises its constitution or bylaws or adopts a new constitution
2013 Convention Workbook