LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 1−2, 2006, Page 11

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Question 5: Does any article of the Synod’s Constitution or its Bylaws give authority to the President of
the Synod to interfere with an authorized, solemn and divine call that has been properly
issued?
Opinion: Various agencies of the Synod have been authorized to issue divine calls on behalf of the
Synod. Bylaw 3.11.1 (c) requires that all positions of the Synod requiring called ministers shall be filled
in consultation with the President of the Synod.
It is the Synod that has commanded the President to carry out such authority (Constitution Art. XI B 1-4):
1. The President has the supervision regarding the doctrine and the administration of
a. All officers of the Synod;
b. All such as are employed by the Synod;
c. The individual districts of the Synod;
d. All district presidents.
2. It is the President'
s duty to see to it that all the aforementioned act in accordance with
the Synod'
s Constitution, to admonish all who in any way depart from it, and, if such
admonition is not heeded, to report such cases to the Synod.
3. The President has and always shall have the power to advise, admonish, and reprove.
He shall conscientiously use all means at his command to promote and maintain unity
of doctrine and practice in all the districts of the Synod.
4. The President shall see to it that the resolutions of the Synod are carried out.
Since the Synod has given the President such authority and such supervisory powers in the Constitution,
as well as the authority of ecclesiastical and administrative powers and duties in the Bylaws (3.3.1–
3.3.1.3), including Bylaw 3.3.1.3 (k) cited above under question 1, the President has the authority to
intervene in the official duties and functions of all officers of the Synod, all such as are employed by the
Synod, all district presidents, and all agencies of the Synod.
In September, 1972, the Commission on Constitutional Matters issued an opinion on “Presidential
Authority” (Ag. 330, 340, et al.) which applies to the current questions being asked of the Commission.
The 1972 opinion states:
1. That it is the opinion of the Commission on Constitutional Matters that the Constitution and
Bylaws of The Lutheran Church—Missouri Synod give to the President of the Synod
exceptionally broad responsibilities and correspondingly broad authority.
2. That while the ordinary day to day responsibility not only for administration but also for
doctrine rests also with other officials, boards, and commissions created in the course of time
by the Synod, the Synod has never repealed the broad responsibility and authority vested in
the presidential office, but instead the Synod appears to have increased those powers from
time to time. It is therefore conceivable that the President, acting in accordance with the
appropriate articles of the Constitution and Bylaws of The Lutheran Church—Missouri
Synod, may exercise his pastoral judgment to intervene in situations which, in his estimation,
are so important that the exercise of his ultimate constitutional responsibility is required
(emphasis added).
3. That when a synodical President feels impelled to exercise that responsibility it is clearly
understood that his action is always subject not only to the regular appeals procedures

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