LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 21-22, 2002, Page 20

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reconciler or Dispute Resolution Panel shall bring to the attention of the parties any violation of the rule
prohibiting publicity.
Question 11: If the President of the Synod is convinced that an opinion of the CCM will have "an
immediate and ongoing negative impact on the Synod," may he call up for review, ask them
to reverse their decision, and if this is not done, report in a pastoral letter to the Synod that
the CCM has violated the Constitution, Bylaws, doctrinal position of the Synod, or a
resolution of the Synod? If this is true, must the President also insist that the opinion of the
CCM not be followed, since according to the opinion of the CCM, "Subsection 1 (Art. XI B
1-4) imposes upon him duties regarding the supervision of the doctrine and administration
of all officers of the Synod. Subsection 2 requires that he sees to it that all act in accordance
with the Synod's Constitution and admonish all who depart from it?
Opinion: Article XI B 1 states that the President has the supervision regarding the doctrine and
administration of all officers of the Synod, all such as are employed by the Synod, the individual Districts
of the Synod and all District Presidents. The Commission on Constitutional Matters or its individual
voting members are not officers or employees of the Synod and thus do not come under the provisions of
Article XI B 1 and 2. The President may publicly comment on the opinions of this Commission, but
Bylaw 3.905 states that its opinions shall be binding on the question decided unless and until it is
overruled by a synodical convention.
Question 11 a: “Does resolution 3.07A (1991 Convention Proceedings pp 137, 138) adopt the CTCR
document, “The Lutheran Understanding of Church Fellowship” (1991 CW pp 375-385),
together with the CTCR response (1991 CW pp 48-51) as the official doctrinal position
of the Synod?”
Opinion: Resolution 6-03 of the 1962 convention of the Synod established the Commission on Theology
and Church Relations. Among the functions and duties assigned to the Commission were the following:
3. Consider and seek to adjust matters concerning which differences of opinion have arisen
in the Synod and which have been referred to it by the President and Vice-Presidents.
The functions of this commission shall be strictly advisory in this capacity, along the line
of brotherly effort in the interest of divine truth;….
7. Advise and prepare special studies in theological matters, both of an internal and external
nature, on request of the President of the Synod, the synodical officers, executives,
boards, commissions, and committees;….
In the course of time it became necessary for the Commission on Constitutional Matters to clarify the role
of the CTCR in the life of the Synod. In an April 29, 1983 opinion (Ag. 1606, A,B,C,D) the Commission
stated the following:
The bylaws on the role of the Commission on Theology and Church Relations are quite
clear. The Commission is to issue studies for the guidance of the synodical membership. Its
proposals may be challenged.
If any proposal of the Commission is to become the official position of the Synod, a detailed
procedure, outlined in Bylaw 1.03,1 is to be followed. Until the Synod has taken action, a
proposal of the Commission is of an advisory nature for study and guidance and not binding
1

Current Bylaw 1.09 c
68