LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 9−15, 2004, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Meeting Simultaneously with the 62nd Regular Synodical Convention
July 9−15, 2004
273. Call to Order and Opening Devotion
Acting Chairman Al Marcis called the meeting to order at 9:15 a.m. Friday, July 9, and asked Will Sohns
to lead in an opening devotion. Present were Al Marcis, Will Sohns, Dan Lorenz, and Don Little.
Chairman Walter Tesch was absent because of the illness of his wife, and Secretary Raymond Hartwig
was absent because of his responsibilities with the Synod’s convention. Acting Chairman Al Marcis
appointed Don Little to serve as Acting Secretary.
274. Floor Committee Meetings
The Commission was represented regularly at floor committee meetings throughout the convention, thus
fulfilling its responsibilities pursuant to Bylaw 3.905 b, which states, “The commission shall…b. be
represented at the meetings of the floor committees considering constitutional matters at the convention of
the Synod.” Additionally, the Commission was represented at various open hearings of the floor
committees.
275. A Question from Committee 8 Regarding Overture 8-47 (04-2391)
The following question was submitted to the CCM from Floor Committee 8 on July 9, 2004:
Question:

Is the hearing, hearing procedure, and procedure for the expulsion of the synodical President
from membership in the Synod described in Overture 8-47 of the 2004 synodical Convention
Workbook consistent with the Constitution and Bylaws of the Synod?

Opinion: No. There is no provision in the Constitution or Bylaws of the Synod for the expulsion of the
synodical President directly by the convention. Rather, the provisions for expulsions are as set forth in
Article XIII of the Constitution and Bylaw 2.27. In order for the expulsion process under Bylaw 2.27 to
occur, the President must first be out of office, whether by resignation, failure to be reelected, or
otherwise.
276. Interpretation of Article XI A 4 as to What Constitutes “in extraordinary cases” (04-2392)
A member of the Synod submitted the following question to the CCM by letter of July 8, 2004:
Question:

In accord with Bylaw 3.905 d, I am requesting of the Commission on Constitutional Matters
an interpretation of Article XI A 4 of the Constitution, especially in regard to what constitutes
“in extraordinary cases” and as it applies to the synodical President. In view of the fact the
62nd Regular Convention of the Synod is about to convene, your timely interpretation is
deeply appreciated.

Opinion: Article XI A 4 reads “4. Conventions of the Synod and of the Districts have the right, in
extraordinary cases, to elect a chairman other than the regular presiding officer.” A review of the
decisions of the CCM dating back to at least 1965 reveals that the issue has never before been considered
in a formal opinion of the CCM. While it would be impossible to anticipate in advance all circumstances
which might conceivably fit the description, such circumstances would include the situation where the