LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 2, 2002, Page 3

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65. District Bylaws Questions (02-2281)
The Bylaw Committee of an LCMS District, in a July 1, 2002 letter, submitted a number of questions to
the Commission regarding proposed changes to the District’s Bylaws. A copy of the District’s 2000
Handbook was also provided to assist the Commission.
Question 1:

“Synod’s CCM was concerned that the Treasurer (of the District) still maintain some sort
of record regarding LCEF loans. If that is still the concern, we are looking for some
clarification as to what sort of record this ought to be.”

Opinion: The Commission is not certain as to where this past concern by the CCM has been expressed.
The Bylaw Committee is asked to supply more information before a response can be given to this
question.
Question 2:

“Would establishing a District Commission be in conflict with the Synod CCM? Even if it
would not be in conflict, does the CCM regard a District commission as a good practice?
Are there any other Districts that have established a District CCM? Also, would such a
District Commission have authority to ‘interpret the District’s Constitution, Bylaws, and
resolutions, as well as those of its member congregations…’?”

Opinion: The Synod has established the Commission on Constitutional Matters and its functions are
outlined in Bylaw 3.905. The Commission is to serve the Synod and its entities to ascertain that all
articles of incorporation, bylaws, regulations, and amendments to such documents are in harmony with its
Constitution, Bylaws, and resolutions.
The Constitution and Bylaws of the Synod neither provide for nor prohibit a Commission on
Constitutional Matters on the District level. The Commission notes that in a December 8, 1996 opinion
(Ag. 2050) the Commission did refer a matter in question to a District Committee on Constitutional
Matters. However, it has no knowledge of how many such commissions may be in existence throughout
the Synod and, if such do exist, what their responsibilities may be. The Commission would urge caution
that any such commissions properly regard the primary role of the Synod’s Constitution, Bylaws, and
resolutions when issuing opinions on the District level.
The Commission calls attention to the fact that the Constitution and Bylaws of the Synod do provide for a
District Constitution Committee (Bylaw 2.03), whose responsibility it is to review the constitutions and
bylaws of congregations applying for membership in the Synod and to review proposed changes to the
constitutions and bylaws of congregations, in both cases to ascertain that such documents are in harmony
with the Holy Scriptures, the Lutheran Confessions, and the teachings and practices of the Synod. The
Bylaws of the Synod do not, however, authorize this committee to serve as a District Commission on
Constitutional Matters.
Question 3:

“Is [the] District’s (current) bylaw permitting advisory members to submit memorials to a
district convention in conflict with (the) Synod’s Constitution prohibiting such to a
synodical convention?”

Opinion: Article XII 2 of the Synod’s Constitution states, “This Constitution is also the constitution of
each District of the Synod; however, each District is at liberty to adopt such bylaws and pass such
resolutions as it deems expedient for its conditions, provided that such bylaws and resolutions do not
conflict with the Constitution and Bylaws of the Synod.” Bylaw 4.07 b repeats this provision, also stating
that “the Bylaws of the Synod shall be primarily the bylaws of the District” and adding that “a District
may adopt additional bylaws, regulations, and resolutions necessary and proper for its own administration
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