LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 26–28, 2010, Page 8

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encourages, and assists them to do what they have voluntarily promised to do when they became
members of the Synod by signing its Constitution. Note that the word “accordingly” at the beginning of
the second sentence of Article VII provides a strong link between the above emphases and the
“inexpedient” concept stated in the second sentence of Article VII.
Congregational Self-Government
With respect to “the right of self-government of LCMS congregations,” the Synod understands that
congregations are divinely instituted and possess all spiritual authority (cf. 1851 convention resolution
that adopted Church and Ministry, reaffirmed by 2001 Res. 7-17A). Such self-governing congregations
are the basic unit of the Synod (Bylaw 1.3.1). While there is a common understanding that a congregation
exercises its self-government in calling pastors and other church workers, in owning and maintaining
property, and in carrying out church discipline and its own ministry programs and financial affairs,
Article VII and Bylaw 1.7.2 do not restrict the areas of self-government. While CCM Opinion 99-2157
listed four historic areas of self-government, the commission wishes to clarify that this list is not
exhaustive. A report of the Survey Commission in the 1962 convention’s Reports and Memorials listed
six areas of self-government (p. 232). And in the 1990 CCM opinion Ag. 1905, the commission included
this area: “Consequently, the congregation has a right to organize itself as it wishes to in carrying out its
mission.” No article of the Constitution, bylaw, or resolution of the Synod limits the areas of a
congregation’s self-government.
It should also be noted that it is an act of congregational self-governance when a congregation elects to
join the Synod. In exercising its self-government, a congregation which voluntarily joins the Synod and
subscribes to its Constitution thereby agrees to be bound by all the provisions of the Synod’s Constitution
as long as it retains its membership in the Synod. The congregation thereby limits or subordinates the
subsequent exercise of its intrinsic right of self-government, if necessary, in all matters explicitly
addressed by the Synod’s Constitution.
Since the self-governing congregations of the Synod recognize the authority of the state as God’s servant
in His temporal kingdom, they will also accept and obey the laws of the state unless they are contrary to
scriptural principles, conscience, or the constitutions of the congregation and the Synod. In so doing,
congregations do not surrender their right of self-governance to the state (cf. thesis 34 of the Brief
Statement adopted by the 1932 convention).
Meaning of “Inexpedient”
In answer to the question of the meaning of “inexpedient as far as the condition of the congregation is
concerned,” it is important to understand the meaning of the word “inexpedient” as used in this sentence
of Article VII.
In Opinion Ag. 1833 (Feb. 5, 1988), the commission noted “first, that the term ‘inexpedient’ is no longer
used in the 1986 Handbook but has been replaced with the word ‘applicability,’ a term which is more
properly the translation of the word uneigentlich, the word which occurs in the German language in which
the Constitution was originally written.” (Emphasis added)
Thus, reflecting the 1986 Bylaws, 2007 Bylaw 1.7.2 reads,
1.7.2 The Synod expects every member congregation of the Synod to respect its resolutions
and to consider them of binding force if they are in accordance with the Word of God
and if they appear applicable as far as the condition of the congregation is concerned.
The Synod, being an advisory body, recognizes the right of a congregation to be the