LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 7, 2010, Page 3

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Question 2: Article VII 1 of the Synod’s Constitution notes that “the Synod is not an ecclesiastical
government exercising legislative or coercive powers” and with respect to the right of selfgovernment of the individual congregation “it is but an advisory body.” Does the Synod,
then, have an ecclesiastical authority with which to oversee the doctrine and practice of its
member congregations? If so, what is that authority and how is it exercised?
Opinion: Yes, for such authority see the answer to question 1. Regarding the relationship of the congregation and the Synod, Article VII 1 provides:
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.

The following demonstrates how it is exercised with respect to the congregation's right of selfgovernment. While a congregation is not required to do so as a condition of membership, it may place
other restrictions on its own internal governance and may relinquish further authority to the Synod
voluntarily. While no congregation is required as a condition of membership to do so, a congregation
even has the right and power in forming and governing itself to prohibit its own future voluntary
withdrawal from the Synod. It would be contrary to the spirit of its polity for the Synod even to suggest
that such a provision should be considered by congregations, but it would be similarly improper to reject
such a provision.
While retaining the right to dissent and even to withdraw from membership in the Synod, each
congregation until such withdrawal covenants and agrees to act in accordance with the Constitution,
Bylaws, and resolutions of the Synod. As the Bylaws of the Synod state:
Congregations together establish the requirements of membership in the Synod (Constitution, Art. VI). In
joining the Synod, congregations and other members obligate themselves to fulfill such requirements and to
diligently and earnestly promote the purposes of the Synod by word and deed. 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 1),
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 Constitution and Bylaws of the Synod 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 1.3.4)
The Constitution, Bylaws, and all other rules and regulations of the Synod apply to all congregation and
individual members of the Synod. (Bylaw 1.7.1)
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 judge of the applicability of the resolution to its local condition. However, in exercising
1

Article III 9 of the Constitution identifies as one of the “Objectives” of the Synod to “[p]rovide protection for
congregations, pastors, teachers, and other church workers in the performance of their official duties and the
maintenance of their rights.” Among the district president’s responsibilities in carrying out ecclesiastical supervision
with congregations is to allow lay members of LCMS congregations to be assured that actions of their congregation
will not jeopardize the congregation’s membership in the Synod and to give counsel and advice as necessary so as
not to have that unintended result and unintended forfeiture of rights.

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