LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 31–November 1, 2009, Page 1

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MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
St. Louis Crowne Plaza Airport Hotel
October 31–November 1, 2009
119. Call to Order
Chairman Albert Marcis called the meeting to order with all members of the commission present. After
providing an opening devotion based on Psalm 46:1–7, 10–1l, he reviewed and finalized the agenda for
the meeting. It was agreed that pending reviews of agency policy manuals and bylaws (08-2517; 08-2523;
08-2526; 08-2530; 08-2536; 09-2549; 09-2552; 09-2559; 09-2563) and one pending request for an
opinion (09-2544) would await a later meeting, given the commission’s heavy agenda.
120. Bylaw 3.9.2.2 (c) Implementation Guidelines
A draft guidelines document to help those convention floor committees assigned overtures proposing the
overturn of CCM opinions to understand how the commission carries out its responsibility for
interpretation of the Constitution, Bylaws, and resolutions of the Synod was reviewed. After discussion,
the following guidelines document was adopted, to be provided to convention floor committees as
appropriate and appended to the internal governing documents of the commission.
BYLAW 3.9.2.2 (c) GUIDELINES
Overtures may be submitted to a convention of the Synod requesting the overturn of a formal
opinion of the Commission on Constitutional Matters. Floor committees assigned such overtures
must consider them in light of the provisions set forth in Bylaw 3.9.2.2 (c):
(c) An opinion rendered by the commission shall be binding on the question decided
unless and until it is overruled by a convention of the Synod. Overtures to a convention
that seek to overrule an opinion of the commission shall support the proposed action with
substantive rationale from the Constitution, Bylaws, and resolutions of the Synod. All
such overtures shall be considered by the floor committee to which they have been
assigned and shall be included in a specific report to the convention with
recommendations for appropriate action.
In order to assist floor committees receiving such assignments, the commission respectfully offers
the following background and information outlining how, based on substantive rationale, the
commission arrives at its opinions.
1. Understanding the Role of the Commission on Constitutional Matters and its Responsibility
for Interpretation
Dr. C.F.W. Walther stated in his 1879 essay, “Duties of an Evangelical Lutheran Synod,”
presented to the first Iowa District convention: “Therefore, anyone who joins a synod knows in
advance: ‘I am now becoming a member of an organization that is charged with the responsibility
of supervising church affairs; I am also joining an organization that operates with a specific
system of regulations [Ordnung], for without regulations it could not exist.’” (Essays for the
Church, C.F.W. Walther, Vol. II, CPH, 1992).