LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — August 3, 2004, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Teleconference Meeting
August 3, 2004
284. Call to Order
Acting Chairman Albert Marcis called the conference call meeting to order and asked Secretary Raymond
Hartwig to open the meeting with prayer. Also participating in the meeting were: Daniel Lorenz, Donald
Little, Wilbert Sohns, and Walter Tesch.
285. Identification of District Membership in Constitutions and Bylaws of Congregations (04-2389)
In a letter dated June 7, 2004, a District Committee on Constitutions, upon request of the President of the
District, requested an opinion regarding the permissibility of requiring congregations to identify District
affiliation in their Constitutions and Bylaws.
Question:

Since a congregation’s application for and membership in the Synod is through a District of
the Synod (Bylaws 2.01, 2.03, 1.05 b, e), is it permissible for a District Constitution
Committee to require a congregation to identify the District in its article of synodical
affiliation?

Opinion: The Synod divides itself into Districts (Constitution, Art. XII 1; Bylaws 4.01, 4.03). Districts
are component parts of the Synod (Bylaw 1.05 b) that act as and on behalf of the Synod in relation to
congregations (Constitution Art. VI, 5; Bylaws 2.03, 2.05, 4.07, et al.). Congregations acquire
membership in the Synod by application to Districts (Bylaw 2.01), hold membership through Districts
(Bylaw 2.41), and relate to Districts as to the Synod (Bylaw 4.09), but membership remains in the Synod
(Constitution, Art. V and VI; Bylaw 1.05 e). Jurisdiction with respect to everything that is administered
by or for the entire Synod (such as requirements for membership) resides in the Synod itself (Bylaw 4.07
e).
Districts may adopt bylaws, regulations, and resolutions in addition to the Constitution and Bylaws of the
Synod (Constitution, Art. XII 2) so long as they do not conflict with the Constitution and Bylaws of the
Synod (Bylaw 4.07 b). However, to require a congregation to identify its District in its article of synodical
affiliation, while not specifically prohibited by the Constitution and Bylaws of the Synod, labors against a
clear and proper understanding of the true nature of membership in the Synod and therefore should not be
required.
286. Rights and Responsibilities of BHE/CUS Board after Convention Action (04-2398)
In a written communication received July 26, 2004, the chairman of the Board for Higher
Education/Concordia University System Board asked the following question regarding the rights and
responsibilities of his board as a result of the adoption of Res. 5-02 by the 2004 convention of the Synod:
Question:

According to Bylaw 3.67 b, does the BHE/CUS Board, as constituted during the 2001−2004
triennium and until a new board assumes office, have the right to continue the process of
calling a new executive director for the Board for University Education?

Opinion: Resolution 5-02 of the 2004 convention restructured the governance of higher education in the
Synod. It abolished the current Board for Higher Education/Concordia University System (BHE/CUS)