LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 6–7, 2010, Page 14

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In 1923, a standing Committee on Constitutional Matters was created by convention resolution. It was to
consist of three members and was to be represented at the meeting of the convention floor committee on
constitutional matters.
In 1932, the Synod adopted a resolution instructing that all proposals seeking changes to the Constitution
and Bylaws first be submitted to the Committee on Constitutional Matters.
In 1935, the Committee on Constitutional Matters was called on to investigate the existing appeals procedure
with a view toward eliminating confusion. That same year, the committee issued an opinion on Constitution
Article VII in The Lutheran Witness.
In 1941, when responding to a request from the Board of Directors of the Southern California District, the
committee determined that it didn't have enough time to study Article VII and offer a response. The
convention authorized a special ad hoc committee for this purpose.
In 1947, the Committee on Constitutional Matters, until this time elected by the convention, became a
presidential appointment committee. The Secretary of the Synod was made an ex officio member.
In 1949, the Committee on Constitutional Matters was made responsible for amending the Handbook of the
Synod after conventions.
In 1962, the functions of the Committee on Constitutional Matters were largely changed and enlarged to the
current commission’s responsibilities (cf. Bylaws 2.11 b and 2.113, 1963 Handbook). Membership consisted
of two pastors, two laymen, and the Secretary of the Synod, appointed by the President in consultation with
the vice-presidents of the Synod. One vice-president served as an advisory member. For the first time,
commission opinions were to be considered binding unless and until the Synod overruled them. The 1962
Convention Workbook states: “that [the committee] be charged with the responsibility of rendering an
interpretation on the synodical resolutions in the event differences of opinion exist” (p. 257). The Bylaw
adopted in 1962 states “The committee…shall interpret the Constitution, Bylaws and resolutions of the
Synod in cases of controversy. Its opinions shall be binding unless and until the Synod overrules them” (cf.
Synodical Survey Commission Report, 1962 Convention Workbook, pp. 257-258, and Res. 6-04 in the 1962
Convention Proceedings, p. 124).
In 1965, the role and duties of the “Commission on Constitutional Matters” were further described and
supported (Res. 5-41, 1965 Convention Proceedings, p. 136).
In 1973, the appointment of the commission by the President was changed to include consultation with the
Board of Directors. The commission now consisted of two pastors, two laymen (at least one of whom was to
be an attorney), and the Secretary of the Synod. A vice-president was to be appointed by the President to
serve as an advisory member (Res. 5-24, 1973 Convention Proceedings, p. 171).
In 1977, to address a concern that the commission was being unduly influenced by the Synod’s
administration, terms of office were lengthened to eight years, with only one member appointed every two
years (Res. 5-07, 1977 Convention Proceedings, p. 161).
In 1992, the current method of nominating and appointing the commission was adopted (nominations only by
district boards of directors acting singly, with five candidates from the nominations list elected by the
Council of Presidents for each vacant position, presentation of the list to the President of the Synod, and
appointment by the President of the Synod in consultation with the vice-presidents (cf. 2010 Bylaw 3.9.2.1.1)
of the four appointive positions, the appointments to “become effective upon ratification by the Council of
Presidents through a majority vote.” The Secretary continued to serve as a voting member (Res. 5-04, 1992
Convention Proceedings, pp. 149-150)

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