LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21-22, 2002, Page 4

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Opinion: The President’s authority in such circumstances derives from Article XI B of the Constitution,
which incorporates both the ecclesiastical and administrative responsibilities. An issue can implicate both
areas of responsibility. The failure of a reviewing officer to take into consideration some resolution of the
Synod would be administrative, but a reviewing officer acting based on a misunderstanding of the
doctrines of the church would be considered ecclesiastical.
Opinion 02-2282 of the Commission addressed this question. That opinion indicates that the President’s
authority is not founded in the Bylaws but rather in Article XI of Synod’s Constitution. Under Article XI
the President has the authority to advise, admonish and reprove, and if such admonition is not heeded,
report such cases to the Synod. He does not have the authority to overturn the decision that was made by
the member of the Praesidium under the provisions of Bylaw 2.27 c.
73. Responsibilities of the President and Secretary in Dispute Resolution Process (02-2283)
A pastor of the Synod in a July 11, 2002 letter requested responses from the Commission to a series of
questions pertaining to the Synod’s dispute resolution process and the role of officers of the Synod in that
process.
Question 1:

Under the LCMS Constitution and Bylaws and more specifically Article XI B 4 as well as
Bylaw 1.09 b, does the President of the LCMS at all times and in all circumstances have the
right and responsibility to exercise the duty of ensuring that all members carry out the
resolutions of the Synod?

Opinion: The duties of the President of the Synod as set forth in Article XI B of the Constitution of the
Synod are applicable at all times during the term of office of the man who occupies the position of
President of the Synod. Bylaw 1.09 b deals with doctrinal resolutions and thus comes under the
provisions of Article XI B 4, which provides that "The President shall see to it that the resolutions of the
Synod are carried out." However, the President's supervisory authority to carry out this directive does not
extend over all members of the Synod but is limited to the officers of the Synod, all such as are employed
by the Synod, the individual Districts of the Synod and all District Presidents (Article XI B 1).
Question 2:

In the event that another synodical officer is granted the authority of the synodical
President, by whatever means, does not an officer under those circumstances have the
responsibility of carrying out the resolutions of Synod accepted in convention, and failing
to carry out that responsibility, is not that officer derelict in his constitutional duties?

Opinion: In the letter that accompanied the request for this opinion, the author indicated that his questions
were related to the issues the Commission addressed in opinion 02-2282. Thus this opinion and the
opinions in response to questions 3 and 4 hereof are rendered in the context of opinion 02-2282.
The question begins with an erroneous premise. The officer of the Synod who is required to conclude
whether the facts form a basis for expulsion from the Synod under Bylaw 2.27 c is not granted the
authority of the President of the Synod. The dispute resolution process commenced under Bylaw 2.27
designates the individual who is to make the decision required by Bylaw 2.27 c. The individual initially
designated to make that choice is the President. If the President is a party to the matter in dispute, has a
conflict of interest, or is unable to act, the First Vice-President or the next qualified synodical officer is
designated to undertake the task. Such officer is not granted the authority of the President to see to it that
the resolutions of the Synod are carried out. Rather, his authority has as its source Bylaw 2.27.
The responsibility of the officer who carries out the provisions of Bylaw 2.27 c is to determine whether
the accused member of the Synod has engaged in conduct which Article XIII of the Constitution states to
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