LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 1−2, 2006, Page 6

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Specific enabling language mandates presidential authority in the areas of doctrine and practice.
He has authority over administration of the officers and employees of the Synod. He is expressly
identified as the CEO of the Synod. The President is mandated to be responsible to the Synod for
the supervision of doctrine. While a President is prohibited from exercising powers that have not
been expressly conferred upon him, he may exercise executive powers within framework
provided by the Constitution and Bylaws. The President may, for example, exercise broad power
under the express language granting him responsibility for doctrinal supervision. The Bylaws
need not articulate every heresy, or aberrant doctrine that might trigger executive action. It is
implicit in the express grant of authority in the Constitution and Bylaws to supervise
doctrine….Prohibiting or directing items for publication in the official periodicals of the Synod
should be done by the President of the Synod only in exceptional circumstances…Bylaw 12.01
indicates what the Synod expects of its official periodicals. Any limitation on such expectations
through an exercise of executive power should be done only on those occasions when the affairs
of the Synod so require….(Ag. 2073, A, B, C, D, E, F)
See also Opinion 02-2259, which in reference to the above opinion further explains:
[This] opinion found authority for actions which might be considered censorship on the part of
the President, but recognized extreme limitations on that authority. The Commission found that,
to the extent that such authority exists, it flows from his general authority under Article XI B 1
which indicates “the President has the supervision regarding the doctrine and administration…”
and Bylaw 3.101 c 11 which authorizes the exercise of executive power where there is no specific
directive of the Synod and action is required. As applied to the issue of censorship, the opinion
observed that “prohibiting or directing items for publication in the official periodicals of the
Synod should be done by the President of the Synod only in exceptional circumstances.”
The Constitution and Bylaws as interpreted by the Commission on Constitutional Matters confirm that the
President of the Synod has at least the following responsibilities and authority:
(1)

The President supervises the doctrine and administration of all Synod employees (Constitution,
Art. XI B 1);

(2)

The President is responsible to see that all Synod employees act in accordance with the
Constitution of the Synod (Constitution, Art. XI B 2);

(3)

The President is to admonish all employees who act in a manner that is inconsistent with the
Constitution and to report to the Synod if an employee refuses to alter his conduct as advised by
the President (Constitution, Art. XI B 2);

(4)

The President may “advise, admonish, and reprove” all employees that in his opinion are acting
in an improper manner especially regarding doctrine (Constitution, Art. XI B 3 (Also, Bylaw
3.3.1.1.1 provides that the President has ecclesiastical supervision over all officers and agencies
of the Synod and as defined in Bylaw definition 1.2.1 (f) may in exercising supervision visit,
encourage, support, care, protect, counsel, advise, admonish and when necessary take
appropriate disciplinary measures to ensure that the Constitution, Bylaws, and resolutions of the
Synod are implemented.);

(5)

The President is responsible to see to it that Synod employees carry out Synod resolutions
(Constitution, Art. XI B 4) and may advise, admonish, or reprove those acting in a manner
inconsistent with the same;

(6)

The President may request the appropriate executive officer to report on particular staff
activities (Bylaw 1.4.6 [d]);

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