LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 26–28, 2010, Page 19

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Commission on Constitutional Matters
During the past triennium, the Commission on Constitutional Matters (CCM) has carried out
the functions assigned to it by the Synod in Bylaws 3.9.2–3.9.2.2.4. Bylaw 3.9.2.2 states that
the commission “shall interpret the Synod’s Constitution, Bylaws, and resolutions upon the
written request of a member (congregation, ordained or commissioned minister), official,
board, commission, or agency of the Synod.” The CCM does not have a directive to interpret
the Scriptures or the Synod’s Articles of Incorporation. Matters of theology are, as deemed
necessary, referred to the Commission on Theology and Church Relations. Matters involving
changes to the Constitution and Bylaws are referred to the Commission on Structure, also as
deemed necessary. Still other matters may be directed to another commission or board.
The CCM consists of five voting members: three ordained ministers and two lawyers. The
Secretary of the Synod serves as a non-voting member as well as the secretary of the
commission. The five voting members serve six-year terms, renewable once. At present, the
membership of the commission includes its chairman, Albert Marcis; Secretary Raymond
Hartwig; clergy members Philip Esala and Wilbert Sohns; and attorneys Daniel Lorenz and
Gordon Tresch.
The method of appointing the voting members of the commission is set forth in Bylaw
3.9.2.1.1. Briefly stated, the procedure is as follows: candidates are nominated by district
boards of directors and submitted to the Council of Presidents through the Secretary of the
Synod; the council selects five candidates to fill each vacant position; those names are
forwarded to the President of the Synod by the Secretary; the President consults with the
vice-presidents of the Synod and makes an appointment for each vacant position from the list
of names; and the appointments become effective upon ratification by a majority vote of the
Council of Presidents.
The Synod has stated since the inception of the CCM that 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” (Bylaw 3.9.2.2 [c]). Since a process for such an action was not
previously set forth in the Bylaws, additional procedure was added to Bylaw 3.9.2.2 by the
2007 convention. Bylaw 3.9.2.2 (c) states: “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.” The floor committee
is to view CCM opinions in the same manner in which the CCM renders those opinions, by
carefully interpreting the Synod’s Constitution, Bylaws, and resolutions.
The commission has also followed the directive given in Bylaw 3.9.2.2 (b) which requires:
“The commission shall notify an officer or agency of the Synod if a request for an opinion
involves an activity of that officer or agency and shall allow that officer or agency to submit
in writing information regarding the matter(s) at issue.” This bylaw has proven to be helpful,
but it has also required more time to issue opinions. The commission has submitted questions
to officers, agencies, and legal counsel for information and has allowed time for responses
before issuing its opinions.
The CCM continues to work as necessary on amending the Standard Operating Procedures
Manual (SOPM) for Bylaw sections 1.10 and 2.14–2.17, as well as Bylaws 3.8.2.7.5ff. and