LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21-22, 2002, Page 15

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Opinion: Bylaw 3.51 k provides a definition for “supervision” for the Bylaws of the Synod, specifically,
“to have authority over, to direct actions, to control activities.” It also provides that “the definition of
ecclesiastical supervision shall be determined exclusively by those Bylaws pertaining to ecclesiastical
supervision.” Bylaw 3.101 B 5 occurs under Section B, which outlines the President’s administrative
powers and duties. If the President is convinced that his concerns regarding an action by an individual
officer, executive, or agency may be in violation of the Constitution, Bylaws, and resolutions of the
Synod and that such concerns are administrative in nature, he may act according to the bylaw to the extent
of requesting that such action be altered or reversed.
89. Status of “The Lutheran Understanding of Church Fellowship” (02-2299)
In a letter dated August 26, 2002, a pastor of the Synod called attention to a recent resolution of the
Synod, 2001 convention Resolution 3-07A, in light of Bylaw 1.09 c.
Question:

“Given the requirements stipulated in the Constitution and Bylaws of Synod regarding how a
document or statement becomes the doctrinal position of the Synod, does ‘The Lutheran
Understanding of Church Fellowship,’ commended to the Synod under Resolution 3-07A
from the last synodical convention, qualify as such?”

Opinion: Bylaw 1.09 a grants to the conventions of the Synod the right to adopt doctrinal resolutions and
statements in harmony with Holy Scripture and the Lutheran Confessions. Doctrinal resolutions come
into being in the same manner as other resolutions, as discussed in Bylaw 1.09 b. Doctrinal statements
must be subjected to the procedure provided by Bylaw 1.09 c, requiring passage by the Synod in
convention and ratification by a two-thirds majority vote of the Synod’s congregations. Doctrinal
statements and resolutions alike are to be honored and upheld until such time as the Synod amends or
repeals them.
Resolution 3-07A was adopted according to the procedure provided by Bylaw 1.09 b. It is a resolution
that commends to the Synod for continued use and guidance the study developed by the Commission on
Theology and Church Relations, as was called for by Resolution 3-03B of the 1998 convention, and the
response prepared by the Commission on Theology and Church Relations in conjunction with the
synodical President based on the reactions of the Synod to that study.
90. Constitutionality of “A Statement to the Church” by Board of Directors (02-2302)
A pastor of the Synod in an August 23, 2002 letter questioned the constitutionality of the Board of
Directors’ “A Statement to the Church: Let All Be Done Decently and In Order,” and offered a series of
questions which the Commission summarizes as follows. Due to the Secretary's membership on the Board
of Directors, he excused himself from the discussion of this issue.
Question:

“In view of the constitutional and Bylaw authority and responsibility of the Board of
Directors, was the Board of Directors acting against the Constitution and Bylaws by
reprimanding and supervising the President of the Synod in its August 15, 2002 resolution
entitled ‘A Statement to the Church: Let All Be Done Decently and In Order’?”

Opinion: The relative roles of the President and the Board of Directors were discussed in this
Commission's opinion 02-2259.

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