LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 26–28, 2010, Page 12

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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 the congregation is concerned.
It should be noted that the second sentence of Article VII states, “…no resolution of the Synod….” (Emphasis
added) It does not speak of the Constitution or Bylaws of the Synod. “The right of a congregation to exercise the
right of expediency (Bylaw 1.09b [2007 Handbook 1.7.2]) applies only to resolutions of the Synod and not to the
Constitution and Bylaws” (1969 Res. 5-23).
Bylaw 1.05, d [2007 Handbook 1.3.4] elaborates on the principle set forth in Article VII:
Congregations together establish the requirements of membership in the Synod (Art. VI). In joining the
Synod, congregations and other members obligate themselves to fulfill such requirements. Members agree
to uphold the confessional position of the Synod (Art. II) and to assist in carrying out the objectives of the
Synod (Art. III), which are the objectives of the members themselves. Thus, while congregations of the
Synod are self governing (Art. VII), they, and also individual members, commit themselves as members of
the Synod to act in accordance with the synodical Constitution and Bylaws under which they have agreed
to live and work together and which the congregations alone have the authority to adopt or amend through
conventions.
Bylaw 1.09 [2007 Handbook 1.6.2], addressing the topic of doctrinal resolutions and statements, provides:
The Synod, in seeking to clarify its witness or to settle doctrinal controversy, so that all who seek to
participate in the relationships that exist within and through the Synod may benefit and may act to benefit
others, shall have the right to adopt doctrinal resolutions and statements which are in harmony with
Scripture and the Lutheran Confessions.
Regarding such doctrinal resolutions, Bylaw 1.09, b [2007 Handbook 1.6.2 (a)], states, “Such resolutions come into
being in the same manner as any other resolutions of a synodical convention and are to be honored and upheld until
such time as the Synod amends or repeals them.” As to doctrinal statements, Bylaw 1.09 c 7 [2007 Handbook 1.6.2
(b)(7)] states, “They shall be honored and upheld (“to abide by, act, and teach in accordance with” [1971 Res. 2-21])
until such time as the Synod amends or repeals them.”
This relation of the Synod to its members, where its resolutions are concerned, is further defined in Bylaw 2.39 a–c
[2007 Bylaw sections 1.7 and 1.8]:
a. The Constitution, Bylaws, and all other rules and regulations of the Synod apply to all congregations
and individual members of the Synod….
b. The Synod expects every member congregation to respect its resolutions and 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 the
congregation to be the judge of the applicability of the resolution to its local condition. However, in
exercising such judgment, a congregation must not act arbitrarily, but in accordance with the principles of
Christian love and charity.
c. While retaining the right of brotherly dissent, members of the Synod are expected as part of the life
together within the synodical fellowship to honor and to uphold the resolutions of the Synod. If such
resolutions are of a doctrinal nature, dissent is to be expressed first within the fellowship of peers, then
brought to the attention of the Commission on Theology and Church Relations before finding expression as
an overture to the convention calling for revision or recision. While the conscience of the dissenter shall be
respected, the consciences of others, as well as the collective will of the Synod, shall also be respected.
What then is meant by a “congregation’s right of self-government”? Since 1854, conventions of the Synod have
refused to adopt resolutions which were thought to interfere with the “self-government” of the local parish,
explaining that the Synod “is an advisory body.” Historically, four areas of self government have been recognized:
(a) The calling 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.