LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 1−2, 2006, Page 10

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on Constitutional Matters and/or the Synod in convention, whichever is appropriate. The
Lutheran Church Extension Fund—Missouri Synod is exempt from this bylaw.
Question 2: Does the Commission on Constitutional Matters have the authority to determine the
conditions under which an agency’s policies may recognize the unique character of that
agency’s action in creating staff positions which are below the executive officer and
executive staff level, or does that determination lie solely with the Synod’s Board of
Directors?
Opinion: The Synod has charged the Commission on Constitutional Matters with the responsibility for
interpreting the Synod’s Constitution, Bylaws, and resolutions as its primary responsibility (Bylaws 3.9.2
to 3.9.2.2.4), such as interpreting Bylaws 1.4.6, 3.11.1, and 1.5.9, including the phrase, “Every agency
may create officer and executive staff positions and fill the same in accordance with its policies.”
Concerning the authority to “determine the conditions,” Bylaw 1.5.9 does not use that phrase. However,
the authority of the Commission does not include “recognizing,” as the question suggests, “the unique
character of the operations of each [agency].” That authority is given to the Board of Directors, which
approves the human resources policies of the Synod (Bylaw 1.5.9).
Question 3: If an appeal is made to the Commission on Constitutional Matters under Bylaw 3.3.1.3 (k) of
the President’s exercise of his executive powers, asserting that he has overstepped his
constitutional authority, is the Commission’s function during such an appeal limited to the
interpretation of the Synod’s Constitution, Bylaws, and resolutions as stipulated in Bylaw
3.9.2.2? Or is there some stipulation in the Handbook of the Synod that authorizes the
Commission to determine whether or not a situation actually required the exercise of
executive power or to determine whether the use of executive power was justified?
Opinion: The authority of the Commission on Constitutional Matters is limited to the provisions set forth
in Bylaw 3.9.2 to 3.9.2.2.4. If and when questions concerning “executive power” and “constitutional
authority” are within the purview of the Commission, it must carry out its responsibility given by the
Synod.
Question 4: If an appeal is made to the Synod in convention under Bylaw 3.3.1.3 (k), does the “right to
appeal” mean that the member or agency of the Synod has the right to have the appeal
presented to the convention, or can the appeal be dismissed or impeded from being presented
to the convention?
Opinion: The national convention “is the principal legislative assembly, which amends the Constitution
and Bylaws, considers and takes action on reports and overtures, and handles appropriate appeals” (Bylaw
3.1.1). Appeals are presented to a convention or handled by means of an overture to a convention of the
Synod. The provisions for overtures must comply with Bylaw 3.1.6.2, which sets forth who may submit
overtures as well as the form of an overture (3.1.6.2 [a]) and its limitations (3.1.6.2 [b] and [c]). It is only
on the basis of Bylaw 3.1.6.2 (b) and (c) that an overture (including an overture that is an appeal) will not
be accepted for convention consideration or will be withdrawn from convention consideration (note that
the bylaw does not use the term “dismiss”).
All overtures that are accepted by the President in accordance with Bylaw 3.1.6.2 must also be referred by
him to convention committees (Bylaw 3.1.7). The convention itself retains ultimate control of the conduct
and business of the convention.

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