LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 26–28, 2010, Page 7

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of pastors, teachers, etc., from a list of those accredited by the Synod itself; (b) the
owning and maintaining of congregational property without granting any rights of it to
the Synod; (c) church discipline; and (d) the administration of a congregation’s
programming and financial affairs.
Thus, in answer to the question to the commission, the phrase “inexpedient as far as the
condition of the congregation is concerned” does not refer to the Constitution and Bylaws
of the Synod and is restricted to resolutions adopted by a convention of the Synod which
are non-doctrinal in nature. [For the complete text of the commission’s response, see
Appendix I.]
The fourth “whereas” paragraph of Ov. 8-44 states the reason for the reconsideration request: “Whereas,
Opinion 99-2157 of the CCM, namely, ‘In answer to the question to the commission, the phrase
“inexpedient as far as the condition of a congregation is concerned” does not refer to the Constitution and
Bylaws of the Synod and is restricted to resolutions adopted by a convention of the Synod which are nondoctrinal in nature’ exceeds the intent of the Constitution as it limits the second of the dual consequences
mentioned above to what is not doctrinal.” (Emphasis added) [Note: The “second of the dual consequences” referred to is the second sentence of Article VII, the first sentence of Article VII being the first
of the “dual consequences.”]
The phrase in question is taken from Article VII of the Constitution of the Synod, which reads:
Article VII Relation of the Synod to Its Members
1. In its relation to its members the Synod is not an ecclesiastical government exercising
legislative or coercive powers, and with respect to the individual congregation’s right of
self-government it is but an advisory body. Accordingly, no resolution of the Synod
imposing anything upon the individual congregation is of binding force if it is not in
accordance with the Word of God or if it appears to be inexpedient as far as the condition
of a congregation is concerned.
Focus on Article VII
At times it is said or implied that Article VII maintains that the Synod is not an ecclesiastical government,
or that it does not exercise legislative powers, or that it is only an advisory body. However, such statements do not reflect what Article VII says. It states that the Synod is not an ecclesiastical government
exercising legislative or coercive powers “in its relation to its members,” and that the Synod is but an
advisory body “with respect to the individual congregation’s right of self-government.” (Emphasis added)
Not every action taken by the Synod deals with its relation to its members or with matters that a congregation decides in the course of governing itself. Many actions of the Synod pertain to the direction, management, and position of the Synod as an association of congregations, such as those resolutions directed
toward its districts, officers, boards, commissions, staffs, conventions, employees, other church bodies or
church organizations, or the general public. When the Synod takes such actions, it is not acting merely as
an advisory body, but it is acting properly as an ecclesiastical government exercising legislative and, at
times, coercive powers.
However, as its title implies, the focus of Article VII, including the phrase addressed in this opinion, is on
the Synod’s relation to its members, especially its congregational members. As such, Article VII is
intended to assure its members that the Synod is not an organization that forces its collective will upon its
congregations and ministers, but rather that it employs the power of the Word of God as it advises,