LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 17, 2004, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Conference Call Meeting
February 17, 2004

247. Call to Order and Prayer
The meeting was called to order by Chairman Walter Tesch. All members of the Commission participated
in the meeting except Daniel Lorenz, who was outside the country. In his opening prayer, Albert Marcis
included a special petition for the welfare of the Synod.
248. Report to the Convention
Walter Tesch called attention to the draft of the Commission’s report to the 2004 convention. He called
attention to several changes made to an earlier draft, including mention of his offer made on behalf of the
Commission to study further the issues involved in Board of Directors-related matters. After discussion,
during which time a number of minor additional changes were agreed upon, the Commission approved
the following report for inclusion in the 2004 Convention Workbook:
COMMISSION ON CONSTITUTIONAL MATTERS
REPORT TO THE 2004 CONVENTION
The functions of the Commission on Constitutional Matters are set forth in Bylaw 3.905.
Paragraph d of that bylaw states that the Commission is to interpret the Synod's Constitution,
Bylaws, and resolutions upon the written request of a member (congregation, ordained or
commissioned minister), official, board, commission, entity or agency of the Synod. The bylaw
limits the Commission’s work to the Synod’s Constitution, Bylaws, and resolutions adopted by
the conventions of the Synod, and thus the Commission cannot provide an opinion that interprets
Scripture or the Articles of Incorporation.
That same bylaw goes on to state that an opinion rendered by the Commission shall be binding on
the question decided unless and until it is overruled by a synodical convention. Therefore, the
Commission does not have the last word on the issue to which it is requested to respond. Rather,
all of the opinions of the Commission are subject only to review and rejection by a synodical
convention.
The Commission consists of five voting members: three are ordained ministers and two are
lawyers. In addition, the Secretary of the Synod serves as a non-voting member as well as the
secretary of the Commission. The five voting members serve six-year terms, renewable once.
They are selected as follows: Candidates for a vacant position are nominated by each of the
District boards of directors. The names of these nominees are then forwarded to the Council of
Presidents through the office of the Secretary of the Synod. The Council then selects five
candidates for each vacant position. The list of the five candidates is then presented through the
office of the Secretary to the President of the Synod, who, in consultation with the
Vice-Presidents, appoints one of the five to membership on the Commission.
During the past triennium the Commission has rendered approximately 150 written opinions in
response to questions placed before it. These opinions are the product of extensive study by and
discussion among the members of the Commission. An initial draft of an opinion is prepared by