LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 15-16, 2003, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
August 15-16, 2003
179. Call To Order
Chairman Walter Tesch called the meeting to order and opened with a devotion and prayer. All voting
members of the Commission were present for the meeting. Ray Hartwig, secretary and non-voting
member, was unable to be present. The Commission made Wilbert Sohns secretary pro tem.
180. Board of Directors – Related Matters (03-2338,A,C; 03-2357; 03-2358; 03-2359; Cf. Minutes #
161, June 23, 2003 CCM Minutes)
In response to an invitation from the Commission on Constitutional Matters, the Board of Directors and
others provided further information related to certain issues that have been raised. In addition to the
written materials provided, the Board of Directors also provided an oral presentation. The Commission
will review the presentations in accord with Bylaw 3.905 (The Functions of the CCM). The Commission
directed the Chairman, Mr. Walter Tesch, to draft and send a letter of notification to the BOD concerning
the Commission’s necessary and pending review.
181. Reconsideration of Opinions re Ecclesiastical Supervision (03-2338; 03-2338A; 03-2338C)
The Commission’s opinion to these questions is deferred to allow for further study and review.
182. Concerns re Opinion 02-2309 (03-2338B)
In a March 3, 2003 letter, a pastor of the Synod expressed concern regarding an opinion of the CCM
which he believes “has an unnecessarily pejorative spin to it” when it states that “implementation of the
dispute resolution process should never be intended or allowed to disrupt, hamper, or harass the President
as he carries out the duties and responsibilities of his office, including those of ecclesiastical supervision”
(02-2309 response to question #3). He asked the Commission to “show specific proof from Scripture, the
Confessions, and the Constitution and Bylaws” that the opinion is justified, or, if that cannot be done, to
modify the opinion.
Opinion: The Commission notes that in its response to question #3 of Opinion 02-2309 it repeated the
words of the question to which it was responding when it used the words “disrupt, hamper, or harass.” It
was not the intent of the Commission to disparage the questioner or to discourage proper use of the
dispute resolution process. In fact, in the same response to question #3 the Commission acknowledges
that there may be occasions when the use of Chapter VIII of the Bylaws is appropriate.
The Commission has never opined that one brother should be denied the right or responsibility to
admonish another brother over matters of the soul. However, when it comes to ecclesiastical supervision
by the Synod, such supervision is to be provided by those whom the Synod has given that responsibility
in its Constitution and Bylaws.
183. Confessional Statements (03-2352)
In a May 13, 2003 e-mailed letter, a parish pastor asked a series of questions regarding the confessional
position of the Synod and subscription to other confessional statements that may be circulated within the
Synod.