LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 28−29, 2005, Page 16

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utilized to question the procedure followed in an excommunication matter; it cannot be used to review the
facts, which serve as the basis of the excommunication….” (Opinion 99-2157, September 14, 1999).
If there is a controversy or unresolved problem concerning the matter at issue in the congregation prior to
the verdict of excommunication, Bylaw 4.4.6 sets forth a procedure for the district president to arrange for
a visit or an investigation in a congregation: “The district president, even without formal request therefor,
may through the proper channels arrange for an official visit or investigation when a controversy arises in
a congregation or between two or more congregations of the district or when there is evidence of a
continuing unresolved problem in doctrine or practice.”
112. Southern Illinois District Bylaws (05-2450)
In a November 1, 2005 e-mailed letter and in a subsequent letter, the secretary of the Southern Illinois
District forwarded the proposed amended Bylaws of his district for review by the Commission prior to
their submission for district convention action. Upon careful review of the document and the proposed
amendments, the Commission offers the following in response.
•

In the Articles of Incorporation under Article II Objectives, the reference to “teachers” would
better refer to “commissioned ministers.”

•

In the Articles of Incorporation under the Purpose Statement for the Southern Illinois District, the
introductory paragraph references the objectives of the Synod, but the list of objectives provided
includes objectives that are not included in the objectives of the Synod listed in Article III of its
Constitution.

•

In the Bylaws under 1.09 c (et al.), Synod Bylaws references would be more clear if they
included the word “Bylaw” and if they accurately duplicated the Synod’s numbering system, e.g.,
“Bylaw 2.3.1 (a).”

•

Under Bylaw 1.15, better bylaw language would be to replace “has” with “shall have.”

•

Bylaw 1.21 would benefit from clarification of the identity of the pastoral delegate in such cases
as multi-congregation parishes or congregations with more than one pastor.

•

Under Section K, Nomination and Election of Officers and Board, no mention is made of the
election of the district member of the Synod’s Committee for Convention Nominations at every
other district convention.

•

Under Bylaw 3.03, the list of commissioned ministers is not up to date and does not include those
categories more recently added by the Synod to its “commissioned ministers” roster.

•

Under Bylaw 3.03, replace “should” with “shall” to properly reflect Synod Bylaw 2.5.1.

•

Under Bylaw 4.01, replace “chapter” with “section” to reflect the terminology used by the Synod.

•

Under Bylaws 9.01 and 9.13, further editorial changes will be necessary to properly incorporate
the changes being made.

•

Under Bylaw 10.01, the proper name for the women’s auxiliary organization is the International
Lutheran Women’s Missionary League.

•

Under Bylaw 11.01, in paragraph a, include reference to the Synod’s Bylaws as well as its
Constitution.

•

Under Bylaw 11.01, in paragraph c, to require approval by the Synod’s Commission on
Constitutional Matters “prior to the convention” would be a helpful addition.

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