LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21-22, 2002, Page 6

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74. Authority of the President; Participation of the Vice-Presidents in the Reinstatement Process
(02-2284)
In a letter dated July 11, 2002, a pastor of the Synod who is also a member of a faculty of an educational
institution of the Synod submitted a series of questions regarding the rights and responsibilities of the
President and also the involvement of the Vice-Presidents in the reinstatement process.
Question 1:

“When the Synod President and all parties to a dispute are forbidden to comment publicly
on that particular dispute, may the Synod President still discuss in public the theological
issues that are behind the dispute, even though he would not refer directly to the dispute or
the participants in the dispute?”

Opinion: The Commission discussed this issue in its opinion 02-2251 wherein it stated: “There is no
prohibition against the President communicating with the members of the Synod as to the underlying
doctrinal topics that are involved in a disputed matter. The President cannot give publicity to the
particular matter in dispute.”
Question 2:

“Do the articles of the Synod’s Constitution have a greater authority than the Bylaws of the
Synod? For example, if the President of the Synod concludes that following a particular
stipulation in the Bylaws, namely, the final stipulation of Bylaw 2.27 g will undermine
Article XI B, may the President of the Synod disregard that Bylaw stipulation in the interest
of upholding Article XI B of the Constitution?”

Opinion: In general, the Constitution of the Synod establishes broad guidelines by which the Synod
operates. Article VII of the Articles of Incorporation of the Synod states: “This corporation shall have and
make such bylaws as may be necessary to accomplish its purposes and shall have power to create such
corporations, boards, offices, and other subordinate bodies as may be necessary to accomplish its general
and specific objectives and in such bylaws assign responsibilities to those bodies.” Bylaw 2.39 a states:
“The Constitution, Bylaws, and all other rules and regulations of the Synod apply to all congregational
and individual members of the Synod.” Nonetheless, bylaws must be in accord with and cannot override
the Constitution of the Synod. Whether or not a bylaw is invalid because it is contrary to the Constitution
is a matter to be decided by the Commission on Constitutional Matters in accord with Bylaw 3.905.
Article XI A 1 of the Synod’s Constitution states: “The officers of the Synod must assume only such
rights as have been expressly conferred upon them by the Synod, and in everything pertaining to their
rights and the performance of their duties they are responsible to the Synod.” Article XI B 4 states: “The
President shall see to it that the resolutions of the Synod are carried out.” Bylaws of the Synod come into
being by resolutions adopted by the Synod in convention assembled. There is no provision in the
Constitution or Bylaws of the Synod that gives to any officer of the Synod, including the President, the
right to disregard any provision of any bylaw. As stated in Bylaw 1.07, “The delegate convention of the
Synod is the legislative assembly which ultimately legislates policy, program, and financial direction to
carry on the Synod’s work on behalf of and in service to the member congregations, reserving to itself the
right to give direction to all officers and agencies of the Synod.”
Question 3:

“Reinstatement is a matter of ecclesiastical supervision. The only people in the Council of
Presidents who have ecclesiastical supervision are the elected district presidents and the
President of Synod (see Art. XI B; Art. XII 7-9). Synod vice-presidents do not normally
have ecclesiastical supervision of doctrine and practice (see Art. XI C). When Bylaw 2.33
says that reinstatement is done through a 75% or more majority of the District Presidents
present and voting, it specifically speaks to those who have ecclesiastical supervision (both
by experience and by role) according to the Constitution. Does Bylaw 2.33 limit
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