LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 13–19, 2007, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
July 13–19, 2007
Houston, Texas
206. Call to Order and Opening Prayer
Chairman Albert Marcis called the meeting to order. Dan Lorenz provided an opening devotion, reading
from 1 Corinthians 12 regarding gifts of the Spirit provided to members of the Body of Christ and relating
the reading to the convention of the Synod before offering an opening prayer.
During the course of the meeting it was noted that the minutes of the Commission’s previous meeting
failed to mention the Commission’s meeting with Synod’s legal counsel. The correction will be made to
the May 18–20, 2007 minutes.
The Commission continues to retain on its agenda its review of a number of policy manuals of program
boards of the Synod (06-2457; 06-2471; 06-2472; 06-2473; 06-2474; 06-2475; 06-2476). This review will
again wait for another meeting, given the large amount of other more pressing business to come before
the Commission at this meeting.
207. Model Constitution and Article II (07-2492)
A pastor of the Synod in an April 9, 2007 letter raised an issue regarding paragraph 5.4.2 of the
Commission’s Guidelines for Constitutions and Bylaws of Lutheran Congregations pertaining to
standards for excommunication, i.e., whether a unanimous vote of a congregation is required for an
excommunication. At its May 18–20, 2007 meeting, the Commission agreed to request input from the
Commission on Theology and Church Relations before responding. A July 6 letter from CTCR Executive
Director Samuel Nafzger acknowledged receipt of the Commission’s letter and indicated that this request
will be presented to the Commission on Theology and Church Relations at its next meeting scheduled for
September 5–8, 2007.
208. Attendance at Special Sessions of the Synod (07-2495)
On May 21, 2007, a member of a convention floor committee asked a series of four questions regarding
attendees of a special convention of the Synod if one were to be called.
Question 1:

With reference to Article VIII, Article IX, Bylaw 3.1ff and any other pertinent articles or
bylaws, in the calling of a special session of the Synod, who would be required to be in
attendance in addition to voting delegates?

Opinion: The Commission on Constitutional Matters in Opinion 07-2490 has stated in answer to the
question: “Is a ‘special session’ of the Synod the same as or different from a convention of the Synod?”
Opinion: “The only difference is terminology. In one case the term used is a ‘regular meeting’ (Art. VIII
A 1) and in another a ‘special session’ which can be called in different ways (Art. VIII B). Whether a
‘regular meeting’ or a ‘special session,’ either one is a convention of the Synod, and the appropriate
provisions under Constitution Art. V, VIII, and IX and Bylaw section 3.1 apply to both in the same way.”
All of those required to attend a regular meeting would also be required to attend a special session. (Art.
IX 1–3.)