LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 20−24, 2004, Page 5

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Bylaws, as an extension of the Constitution, are binding regulations for the Synod and it’s conduct and
governance. Bylaw 1.05 d states, “…while congregations of the Synod are self-governing (Art. VII), they,
and also individual members, commit themselves as members of the Synod to act in accordance with the
synodical Constitution and Bylaws under which they have agreed to live and work together and which the
congregations alone have the authority to adopt or amend through convention.” And in regard to the
relation of the Synod to its members, “the Constitution, Bylaws, and all other rules and regulations of the
Synod apply to all congregational and individual members of the Synod” (Bylaw 2.39 a).
Question 4: Are the Bylaws required to be consistent with Article II of the Constitution?
Opinion: Since all bylaws of the Synod are to be consistent with all articles of the Constitution and not
contrary to the Constitution, this includes being consistent with Article II of the Constitution. However
any article of the Constitution, including Article II, is also best understood, observed, practiced, or used in
the full context of all the Articles of Synod’s Constitution (Example: Article III begins with “The Synod,
under Scripture and the Lutheran Confessions, shall -;” Articles V, VI, XIII and XIV reference Article II;
Articles XI and XII sets forth the supervision over the doctrine). And as the understanding and application
of Article II cannot be isolated from the other articles of the Constitution, Article II cannot be isolated
from the synodical bylaws which not only help elucidate the articles but which provide a certain
prescribed polity which must be followed in order to carry out Synod’s Constitution and all its articles.
Question 5:

Is the CCM required to issue opinions consistent with Article II of the Constitution? If the
opinion issues an opinion that is not consistent with Article II of the Constitution, is the
opinion binding? If so, are the ecclesiastical supervisors, officers, and members of Synod
required to follow the CCM opinion or Article II of the Constitution? If a member follows
the CCM opinion, and thereby acts contrary to Article II, can the member be expelled from
Synod under Article XIII of the Constitution for acting contrary to Article II?

Opinion: Since one of the Commission’s functions is to “interpret the Synod’s Constitution, Bylaws, and
resolutions,” the Commission’s opinions must be consistent not only with Article II but with all the
constitutional articles, the Bylaws and the resolutions of the Synod. While an opinion rendered by the
Commission shall be binding on the question, the Synod in convention has reserved unto itself the power
to overrule any opinion of the Commission that it considers to be inconsistent with the Constitution and
Bylaws (see the answers to the above questions).
It must be noted however that it is not a function of the Commission to interpret the Scriptures and the
Confessions, the confessional position as set forth in Article II. The authority for such interpretation is the
responsibility of the Synod (the Synod has reserved this right to itself) on the basis of procedures as
defined in the Handbook. The provisions or polity for determining the collective will and understanding
of the Synod’s confessional position (Article II) are set forth in Bylaw 1.09 and Bylaw 2.39. Those
provisions involve the Commission on Theology and Church Relations to which you may address
questions of interpretation.
If it is demonstrated by action of the Synod in convention that a CCM opinion is inconsistent with Article
II, such an opinion is not binding on the ecclesiastical supervisors, officers, and members of Synod, who
are required to follow the collective will of the Synod as expressed in its Constitution, Bylaws, and
resolutions. While an ecclesiastical supervisor or perhaps the CCM or CTCR are involved in the process,
the decision whether or not to expel a member from synodical membership under Article XIII of the
Constitution rests ultimately with a Dispute Resolution Panel which alone determines the facts in the case
and acts according to procedures set forth in Bylaws 2.27 and Chapter VIII.

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