LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 17, 2004, Page 2

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one or more members of the Commission and then circulated among all the members for their
review and comments. Thereafter a revised opinion is prepared, taking into consideration the
comments received from the other members of the Commission. In some instances draft opinions
are revised many times as the question is further studied and reviewed. The final opinion is then
agreed upon by all members of the Commission and published by the Secretary of the Synod. If
the Commission is asked to reconsider an opinion, it will do so upon a written request by any of
the parties who are authorized by the bylaw to request an opinion from the Commission.
Deliberations by the Commission are done in private and kept confidential by its members. It is to
be remembered that the Commission only provides interpretations of the Constitution, Bylaws
and resolutions of the Synod. Its opinions reflect what the members of the Commission conclude
is stated in the document; not what it should say but what it does say. Therefore, if the Synod
determines that an interpretation by the Commission brings about a faulty result, it behooves the
Synod through its delegates in convention assembled to pass a resolution which amends the
language in question to reflect the will of the Synod.
In a number of opinions the Commission noted some apparent omissions or conflicts in the
wording of the Constitution and Bylaws of the Synod. These matters were referred to the
appropriate board or commission by the secretary of the Commission.
Resolution 7-02 of the 2001 convention of the Synod directed the Commission to complete
expeditiously its review of the Commission on Structure's report on the LCMS Handbook
reorganization. This was done, and the Commission forwarded to the pro tem Commission on
Structure a report noting 162 items which required further attention by the pro tem Commission
before it prepared its final report to the 2004 convention of the Synod.
In November of 2003, the Board of Directors of the Synod adopted a resolution which declared
that it cannot agree with or accept eight opinions of this Commission and declared such opinions
to be of "no effect," basing its action on its conclusion that these opinions placed impermissible
limitations on the authority of the Board under the laws of the State of Missouri. This action by
the Board of Directors was in direct conflict with Bylaw 3.183 d 2, which provides: “2. [The
Board] shall have 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.” In January of 2004 the members of this Commission and five members
of the Board of Directors met in an all-day meeting to discuss the issues involved. No agreement
was reached but further study is to be given to the matter by the Board and this Commission.
Every meeting of the Commission opens with prayer, imploring our gracious God to be present in
our deliberations and to give to each of us a rich measure of His grace so that the product of our
deliberations will be pleasing to Him. With that knowledge we have diligently worked to fulfill
the task that the Synod has assigned to this Commission.
Commission on Constitutional Matters
Mr. Walter F. Tesch, Chairman
Rev. Donald G. Little
Mr. Daniel C. Lorenz
Rev. Dr. Albert M. Marcis
Rev. Dr. Wilbert J. Sohns
Rev. Dr. Raymond L. Hartwig, Secretary (non-voting)

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