LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 12

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the Synod to assume such responsibilities as the Synod has reserved for itself in its stated objectives,
“which are the objectives of the members themselves” (Bylaw 1.3.4).
The Synod, an “association of self-governing Lutheran congregations” (Bylaw 1.2.1 [v]), established its
church polity under the Scripture and Lutheran Confessions in order to subscribe (accept without
reservation) collectively to and apply the Scripture and Lutheran Confessions together in unity. Although
de jure humano, the Constitution, Bylaws, and other rules and regulations of the Synod are not to be
regarded as opposed to Holy Scripture and the Lutheran Confessions. The Constitution and Bylaws of the
Synod are not an antithesis to Holy Scripture and the Lutheran Confessions. These are agreements under
Holy Scripture by Christian brothers and sisters to carry out the Synod’s very scriptural purposes. Even
though polity falls under adiaphora, the Synod’s polity has a definite biblical character to it. The Synod’s
policy is based on various theological principles.iii One such principle is ecclesiastical supervision. The
Synod’s polity is also a covenant of love based on another principle, the law of Christian love.
As a covenant of love under the Holy Scriptures and the Lutheran Confessions, and with a subscription
without reservation to the common confessional position (Constitution, Articles II and VI), the
association of self-governing congregations (Bylaw 1.2.1 [v]), which expresses its interpretation and
understanding of Holy Scripture and the Lutheran Confessions through its collective will in the adopted
resolutions in convention assembled (Bylaws 1.8.1 and 1.8.2), which establishes and evaluates all of the
Synod positions, policies, programs, directions, and priorities (Bylaw 3.1.1), and which determines
whether or not any action or decision of officers, boards, and commissions are in conformity with the
Synod’s Constitution, Bylaws, and resolutions (cf. Bylaw 1.4.1), established ecclesiastical supervision as
an integral part of the “business of the Synod,”iv “the execution of synodical business” v and for the
benefit of its members “to promote and maintain unity of doctrine and practice” (Articles III, XI, and XII;
Bylaws 3.3, 4.4.1–4.4.6, emphases added), and which supervision inherently is to be exercised on the
basis of that same collective will and understanding.
Ecclesiastical supervision and to promote and maintain unity of doctrine and practice are therefore
responsibilities that the Synod has reserved for itself. Attempts by a member or a group of members to
exercise ecclesiastical supervision when it has not been given to them by the Synod through the Synod’s
agreed-upon procedures and/or to promote and maintain unity of doctrine and practice in a manner not
within the covenants of the procedures established in the Synod’s Constitution and Bylaws are violations
of members’ covenants together.
See also the reference to CCM Opinion 05-2443 in the response to Issue 1 above.
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Issue 4: Under the Constitution, Bylaws, and resolutions of the Synod, what consequences are there if an
individual member or a congregational member of the Synod disagrees with or dissents from any
of the Synod’s doctrinal resolutions or statements and does not follow the dissent processes of
the Synod; and what consequences are there if an individual member or a congregational
member of the Synod publicizes that another member of the Synod is not upholding the Synod’s
Constitution, Bylaws, and resolutions, doing so in a manner that does not honor the dispute
resolution process of the Synod; and what consequences are there if an individual or a
congregational member of the Synod attempt themselves or become a part of an organization
which attempts to usurp the ecclesiastical supervision given to those persons authorized by the
Synod to exercise ecclesiastical supervision?
Opinion: The Synod has reserved for its members processes for dissent (Bylaw section 1.8), resolving
disputes (Bylaw sections 1.10, 2.14–2.17: Bylaws 3.10.4.7.9 and 3.10.5.6.9), and ecclesiastical
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