LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 1−2, 2006, Page 13

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But the opinion also refers to the authority of the President under Constitution Art. XI B and Bylaw 3.101
(2004 Handbook Bylaws 3.3.1 – 3.3.1.3). The Constitution and Bylaws of the Synod define the duties of
the President and impose on and grant to him the ecclesiastical supervision of the Synod. No board,
including the Board of Directors, may control his ecclesiastical purposes or restrict his ecclesiastical
power (Cf. Opinion 02-2259).
Question 9: What is the relationship between Bylaw 3.3.1.2 (c), which authorizes the President of the
Synod to call up for review any action by an individual officer (requesting that such action be
altered or reversed and reporting it to the Synod if necessary) and Bylaws 3.3.1.3 (j) and
3.3.1.3 (k), which authorize the President of the Synod to exercise power when the affairs of
the Synod demand and require it?
Opinion: Each of these bylaws provides a means (together with other bylaws) for the President to carry
out his constitutional duties (Constitution Art. XI B). Bylaw 3.3.1.2 (c) does not limit or restrict the
exercise of Bylaws 3.3.1.3 (j) and 3.3.1.3 (k) and these two bylaws do not limit or restrict the exercise of
Bylaw 3.3.1.2 (c).
Bylaw 3.3.1.2 (c) states: “He shall call up for review any action by an individual officer, executive, or
agency that, in his view, may be a violation of the Constitution, Bylaws, and resolutions of the Synod.”
The title given to this bylaw is “Powers and Duties—Administrative,” with the lead sentence of the
section stating, “The President shall oversee the activities of all officers, executives, and agencies of the
Synod to see to it that they are acting in accordance with the Constitution, Bylaws, and resolutions of the
Synod.” The President’s authority, with which this bylaw specifically deals, pertains to actions or
activities that in the President’s view may be in violation of the Constitution, Bylaws, and resolutions of
the Synod.
The title given to Bylaw 3.3.1.3 is “Powers and Duties—Ecclesiastical and Administrative,” with the lead
sentence stating: “The President shall have powers and duties that are both ecclesiastical and
administrative.” Whether ecclesiastical or administrative, the President is also authorized to exercise
executive power under the limitations imposed in paragraphs (j) and (k) of Bylaw 3.3.1.3. These
paragraphs may be exercised regardless of whether or not Bylaw 3.3.1.2 (c) is exercised and may very
well be in addition to the exercise of Bylaw 3.3.1.2 (c).
The provision in Bylaw 3.3.1.3 (j) which is a basis for the President’s judgment is “when the affairs of the
Synod demand it and when he has been expressly invested with such power by the Synod in convention.”
And the provision in Bylaw 3.3.1.3 (k) which is a basis for the President’s judgment is “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.”
Concerning the executive power of the President of the Synod, Opinion 03-2376 of the Commission on
Constitutional Matters, rendered on January 28, 2004, is also helpful. The summary paragraph of the
opinion states:
Were all eventualities and potential problems foreseeable, the Synod could adopt bylaws
and policies to address all issues in advance, and the question posed could be answered
with greater specificity. However, the Synod has recognized that there are circumstances
that it may not have foreseen or for which it may not have made direct provision. For
those reasons, the Synod has therefore invested the President with very broad powers to
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