LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 7–8, 2006, Page 2

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District Bylaw 2.31 which establishes a statute of limitations on district convention actions
introduces a concept that is foreign to the Constitution and Bylaws and the practice of the Synod.

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District Bylaw 3.13 appears to be inconsistent with Bylaw 4.5.1 of the Synod governing the
filling of vacancies on committees and commissions.

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Whereas Bylaw 4.1.1.2 (b) does not specify when changes to the Bylaws of a district should be
submitted to the Commission on Constitutional Matters for review and approval, districts are well
advised to submit proposed changes to the Commission in advance of their consideration by the
district convention.

154. Board Policy Manuals (06-2471; 06-2472; 06-2473; 06-2474; 06-2475; and 06-2476)
In light of the Commission’s review and discussion earlier in the meeting of the policy manual of another
of the Synod’s program boards (see #151 above), the Commission set aside further review of the board
policy manuals it has received (Board for Pastoral Education; Board for University Education; Board for
Black Ministry Services; Board for Human Care Ministries; Board for Mission Services; and Board for
District and Congregational Services) until its next meeting.
155. District Convention Resolution re CCM “Guidelines” (06-2477)
In a letter dated July 2, 2006, a district president questioned the validity of a district convention resolution
in light of the Constitution and Bylaws of the Synod.
Question:

Can a district of the LCMS, meeting in convention, instruct the district’s Constitution
Committee to ignore the Guidelines for the Constitution and Bylaws of a Lutheran
Congregation prepared for all districts to follow or to work contrary to such guidelines. The
resolves in the district convention resolution read as follows:
RESOLVED, That the Committee on Constitutions of the PSW District cease
altogether forcing congregations, new or old, to refrain from using descriptive,
orthodox words regarding Scripture, such as “inspired,” “inerrant,” or “revealed” in
the “Confessional Subscription” section of their constitutions; and be it further
RESOLVED, That the Committee on Constitutions of the PSW District joyfully
encourage congregations of our district to retain said language; and be it further
RESOLVED, That the PSW District make public this misunderstanding and its
correction in order to ensure no lingering ill effects;…

Opinion: District constitution committees are created by the Bylaws of the Synod (Bylaws 2.2.1 [a];
2.4.1 [b]) and not by action of districts. A district convention does not have the authority, therefore, to
instruct that district’s constitution committee to ignore the duties and responsibilities imposed upon them
by the Synod.
It is the Constitution and Bylaws of the Synod that authorize and instruct a district’s constitution
committee and board of directors concerning the matter of the constitutions and bylaws of district
congregations (membership eligibility and continuing eligibility of congregations). A district constitution
committee is required by the Bylaws of the Synod to examine new or revised constitutions and bylaws of
congregations to ascertain “that they are in harmony with Holy Scripture, the Confessions, and the
teachings and practices of the Synod in order that any necessary changes may be made by the
congregation before the application is acted upon” (Bylaws 2.2.1 [b]; see also 2.4.1 [b]). District boards
of directors are authorized to act upon and approve new constitutions and bylaws (application for
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