LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 1−2, 2006, Page 9

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its ecclesiastical leaders is perhaps one of the most critical components of that structure. Only the Synod
itself, pursuant to the processes under Bylaw 7.1.2, can effect any change in the selection of the
ecclesiastical leaders of the Synod.
143. Overture to District Convention Advocating Division of the Synod (06-2464)
A district president in a letter dated March 9, 2006, provided a copy of an overture submitted to his
district convention advocating a “respectful separation” because of factions within the Synod. The
overture advocates that the district “affirm the desire to seek and promote a respectful and fair separation”
of the Synod and the appointment of a “bipartisan” committee to investigate the possibility of such a
separation.
Question: Is it in violation of the Constitution and Bylaws of The Lutheran Church—Missouri Synod for
a district in convention to consider a memorial that deals with the division of the Synod,
including the division of the Synod’s properties and assets as indicated by the attached
memorial?
Opinion: According to Constitution Art. XII B 12: “12. The districts are independent in the administration
of affairs which concern their district only, it being understood, however, that such administration shall
always serve the interests of the Synod.” In addition, Bylaw 4.1.5 states: “Jurisdiction with respect to
everything that is administered by or for the entire Synod resides in the national Synod itself.” Therefore,
it is in violation of the Constitution and Bylaws of The Lutheran Church—Missouri Synod for a district in
convention to consider a memorial that promotes a division of the Synod, given the synodwide
consequence of such a proposal.
144. Authority of the President of the Synod (06-2465)
In a letter received on March 13, 2006, the Board for Communication Services asked a series of nine
questions regarding the authority of the President of the Synod relating to Bylaw 3.3.1.3 (k). The
questions have been modified by the Commission to facilitate a response.
Question 1: Does the President of the Synod have the authority under Bylaw 3.3.1.3 (k) to direct an
agency of the Synod to hold in abeyance or to refrain from taking action until certain
questions are answered by the Commission on Constitutional Matters?
Opinion: Yes. Under Bylaw 3.3.1.3 (k) and its requirements, the President of the Synod has the authority
to direct an agency of the Synod to hold in abeyance or to refrain from taking action until certain
questions are answered by the Commission.
The President of the Synod is authorized by the Synod to exercise executive power when, in his
judgment, the affairs of the Synod require the exercise of executive power and for a purpose for which
there is no specific directive of the Synod. Such power, however, cannot be exercised until after
consultation with the vice-presidents, the Board of Directors of the Synod, or the Council of Presidents,
whichever in his judgment is most appropriate. Bylaw 3.3.1.3 (k) states:
(k) He shall be authorized, in the event that the affairs of the Synod require the exercise
of executive power for a purpose for which there is no specific directive of the Synod, to
exercise such power after consultation with the vice-presidents, the Board of Directors of
the Synod, or the Council of Presidents, whichever in his judgment is most appropriate.
Any member of the Synod shall have the right to appeal such action to the Commission

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