LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 26–28, 2010, Page 11

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is applicable only to resolutions that are adopted by the Synod, not to its Constitution (and, by
implication, its Bylaws), which all members have accepted as a condition of membership.
Because the second sentence of Article VII says, “no resolution of the Synod” (cf. also Bylaw
1.7.2), no limitation should be placed on the type or category of resolution that a congregation
may wish to consider under this provision. However, because all congregations of the Synod have
accepted Article II of the Constitution and thereby have pledged their acceptance of Holy
Scripture and the Lutheran Confessions, the Article VII phrase in question may not be applied by
congregations to resolutions of the Synod that consist primarily of citations from Holy Scripture
or the Lutheran Confessions or simply restate the clear teaching of Holy Scripture and the
Lutheran Confessions (cf. also Bylaw 1.6.2 quoted in Appendix II). Similarly, since all
congregations of the Synod, in becoming members of the Synod, have subscribed to the
Constitution of the Synod, the Article VII phrase in question may not be applied by a member
congregation to resolutions of the Synod that are primarily explicit reaffirmations of other
constitutional positions or provisions;
deals only with resolutions of the Synod “imposing anything upon the individual congregation”
(Article VII). The many resolutions of the Synod that deal with the management and direction of
the Synod and its component parts, as distinguished from resolutions that are addressed to its
member congregations (see above), are not included in this provision. Moreover, taking the
language of this phrase quite literally, it must be said that very few resolutions of the Synod
intend to “impose” anything upon its member congregations, inasmuch as the Synod does not
exercise “legislative or coercive powers” (Article VII) in relation to its members and clearly
recognizes the congregation’s right of self-government; and
is limited to a congregation’s judgment that a resolution is unsuited or inapplicable to the
“condition of the congregation” (Bylaw 1.7.2). The Synod has not limited in any way what a
congregation might consider to be such a condition (whether it be a lack of resources, tension
within the congregation, or some other important factor).

If a congregation determines that a resolution of the Synod is unsuited or inapplicable as far as the
condition of the congregation is concerned, the congregation has also committed itself to “not act
arbitrarily, but in accordance with the principles of Christian love and charity” (Bylaw 1.7.2), as well as
to respect the collective will of the Synod as expressed in its resolutions (cf. Bylaws 1.7.2 and 1.8.2).
The commission also notes that Article VII states that 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.” Should a
congregation reach this conclusion about any resolution of the Synod, it should also realize that, by
becoming a member of the Synod, it has bound itself (to the extent the congregation wishes to carry out
the right of brotherly dissent) to express and deal with its dissent according to the provisions of the
Bylaws of the Synod.
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Appendix I – Response of Opinion 99-2157 to Question 2
Question 2: What does the phrase “inexpedient as far as the condition of the congregation is concerned” mean, and
how is it applied in matters relating to the right of self-government of LCMS congregations?
Response to Question 2: The phrase in [the] question is taken from Article VII of the Constitution of the Synod,
which states:
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