LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 20-21, 2003, Page 7

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Opinion: There is no constitutional provision that allows any person, group, board, commission or other
entity to assume the responsibility of ecclesiastical supervision in the Synod that has been given to the
President of the Synod under Article XI B or the District President under Article XII 7. This includes the
formal or official constitutional responsibility to admonish or reprove members of the Synod. No one is to
interfere in the work of another.
116. Constitutionality of 2001 Resolution 7-03C (02-2310)
In a letter dated October 2, 2002, an ordained minister of the Synod questions the validity of 2001
convention Resolution 7-03C in light of the Constitution and Bylaws of the Synod.
Question 1:

Does the adoption of Resolution 7-03C (2001 Proceedings, p. 164), especially Resolve #3
and Resolve #4, conflict with the Articles and Bylaws of the synodical Constitution (Duties
of the President, Duties of the Board of Directors) and therefore such resolution should be
deemed null and void?

Opinion: The third and fourth resolves of Resolution 7-03C read as follows:
Resolved, That the President and Board of Directors of the Synod shall see to it that
the Constitution and Bylaws of the Synod are observed; and be it further
Resolved, That when a failure to comply with the Constitution and Bylaws is
discovered, the President or Board of Directors, whichever is charged with supervision or
oversight, shall act to correct such failure to comply as quickly as possible.
Article XI B 1 provides that the President has the supervision regarding the doctrine and administration of
all officers of the Synod, all employees of the Synod, the Districts of the Synod, and all District
Presidents. Bylaw 3.101 A 1 adds to the list of those for whom he is responsible the agencies of the
Synod. It is his responsibility to see to it that all the aforementioned act in accordance with the
Constitution of the Synod (Art. XI B 2) and its resolutions (Art. XI B 4). He is to see to it that their
activities are also in accordance with the Bylaws (Bylaw 3.101 B 1) and to call up for review any action
that in his view may be in violation of the Constitution, Bylaws, and resolutions.
Bylaw 3.183 c provides that the Board of Directors has general oversight responsibility over the officers
and agencies of the Synod as determined by the Constitution, Bylaws, and resolutions of the Synod. The
Board has the right to call up for review, criticism, modification, or revocation any action or policy of a
program board, commission, or council, except opinions of the Commission on Constitutional Matters
(Bylaw 3.183 d 2).
Therefore, Resolution 7-03C does not conflict with the Constitution and Bylaws of the Synod regarding
the duties of the President and Board of Directors. Both are responsible for seeing to it that the
Constitution and Bylaws are observed to the extent of their assigned responsibilities. Whichever is
charged with supervision or oversight is responsible to act to correct any failure to comply.
Question 2:

When there is a conflict of governance on constitutional adherence between the synodical
President and the synodical Board of Directors, who decides who has jurisdiction? Who has
authority over whom? The Board of Directors over the President, or the President over the
Board of Directors?

Opinion: The Commission has already responded to this question in its Opinion 02-2259 pertaining to
one of the agencies of the Synod:
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