LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 9−15, 2004, Page 4

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an amendment of the Bylaws, the resolution as currently drafted is not consistent with Bylaw 14.01 1 c, in
that it does not identify itself as an amendment to the Bylaws, and has also not been presented to a
convention floor committee for their consideration. In addition, it would not comply with Bylaw 14.01 1
e in that it was not presented to the Commission on Constitutional Matters prior to the presentation to the
convention to assure that it is not in conflict with the Constitution and Bylaws of the Synod. Upon
request of a member, the Commission is prepared to more comprehensively review this proposed
resolution to assure itself and the convention that no other unintended conflicts with the current
Constitution and Bylaws exist.
282. A Convention Session “Point of Privilege” Related to Bylaw 3.19 and Resolution 3-06 A (042397)
During a convention session, an opinion was asked of the Commission on Constitutional Matters in a
Point of Privilege that was raised concerning a challenge from the floor of the synodical convention on
Wednesday, July 14, 2004 on whether the Synod in convention was in violation of Bylaw 3.19 b in
considering Resolution 3-06A, “To Commend CTCR Report on Guidelines For Participation in Civic
Events.”
Opinion: The bylaw cited states “Reports and overtures must be submitted in triplicate to the President of
the Synod not later than 18 weeks prior to the opening date of the convention. No report or overture
received subsequent to that date shall be accepted for convention consideration unless a committee
consisting of the President, the First Vice-President, and the Secretary adjudge it to be a matter of
overriding importance and urgency which is not adequately covered by documents already before the
convention” (Bylaw 3.19 b).
The essence of a “Report” to a synodical convention must also be considered. Bylaw 3.19 a and 3.19 a 1
includes the following: “a. The principal business of a synodical convention shall be the consideration of
reports and overtures.
1. Reports are (1) statements of work performed or contemplated by those who are charged with
conducting the business of the Synod between conventions, (2) communications to a
convention with respect to studies which may have been made for the Synod in order to further
its work, or (3) other types of communications to the Synod” (Bylaw 3.19 a 1).
In accordance with these bylaws and others in 3.19 a-f, “All reports and overtures accepted by the
President in accordance with the foregoing paragraphs shall be referred by him to convention
committees… After due consideration of the matters referred to it, each committee is to report its findings
and recommendations to the convention” (Bylaw 3.19 g).
In compliance with the Bylaws, the report of the Commission on Theology and Church Relations was
published in the 2004 Convention Workbook, pp. 69−79. And the report concerning the Guidelines For
Participation in Civic Events is on page 70 of that report in the 2004 Convention Workbook. In
compliance with the Bylaws, the findings and recommendation of the convention floor committee are
published in Today’s Business, pages 62−63. In considering Resolution 3-06A at this 2004 synodical
convention, the convention was in compliance with Bylaw 3.19.
283. Adjournment
The Commission adjourned its meeting simultaneously with the closing of the convention of the Synod.

Don Little, Acting Secretary
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