LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 18–20, 2007, Page 13

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Question:

If the Synod in convention adopts an enabling resolution encouraging the President of the
Synod and the Council of Presidents (Constitution Art. VIII B 2) to call a special convention
of the Synod if all necessary preparations have been completed, can it do so by simple
majority or does it require a two-thirds vote?

Opinion: Article VIII B regarding “Special Sessions of the Synod” reads as follows:
1. The Synod may under circumstances call a special session if two-thirds of the voting
representatives present so decide.
2. In cases of urgent necessity a special session may be called by the President with the
consent of two-thirds of the district presidents or by three-fourths of the district
presidents without the consent of the President; however, all congregations and other
members of the Synod must be notified 30 days in advance and told for what purpose this
extra meeting is being convened.
This article provides methods for the calling of a special session of the Synod. Under the first, the Synod
itself—that is to say, the Synod in convention—may call a special session if two-thirds of the delegates so
decide. In doing so, the convention itself may decide the circumstances under which such a special
session is to be convened. If the convention were to identify that a special session will be held at a
particular time, subject to certain circumstances having been met in advance, it may do so by two-thirds
vote. Circumstances may include, for example, the concurrence of the President, the Council of
Presidents, the Board of Directors, the receipt by a certain deadline of a report from a particular group, or
any other condition the convention itself deems prudent.
A second method described for the calling of a special session is for the President, under cases of urgent
necessity, to call a special session with the concurrence of two-thirds of the district presidents. While the
convention may by majority vote adopt a resolution encouraging the President to call a special session
and suggest that he should find “urgent necessity” under circumstances the convention describes, Article
VIII B 2 would nonetheless require the President himself to concur that such urgency exists, and the
President could then call a special session only with the concurrence of two-thirds of the district
presidents.
204. Floor Committee Matters and Pending Overtures
The Commission spent time reviewing and discussing matters pertaining to Floor Committee Weekend,
reviewing the overtures to be considered and giving particular attention to those overtures impacting or
proposing changes to the Constitution and Bylaws of the Synod.
205. Adjournment
As the activity of Floor Committee Weekend wound down, the Commission met briefly formally to close
its meeting with words of benediction by Don Little.

Raymond L. Hartwig, Secretary

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