LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 3-4, 2011, Page 29

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“…Furthermore, it has identified those responsible for ecclesiastical supervision of its members, including such matters as advice
and counsel, as well as suspension of membership and forfeiture of it for failure to continue to meet membership
requirements….” (Bylaw 2.1.2).
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Landmark October 11, 1974 Opinion by the CCM:
An analysis of Assertions in Present Controversy
In dealing with the many requests that have been placed before the Commission on Constitutional Matters during this time
of controversy within the Synod, the Commission has heard recurring expressions of certain propositions. It feels
constrained to comment on some of these assertions which in the estimation of the Commission are either invalid or are at
least misleading and in that way tend to becloud the issues before the Synod and to vitiate the Constitution and Bylaws of
the Synod.
I. "Christians are ruled not by laws but by the Gospel."
There are several ways in which this theme has been stated in denigrating the Constitution and Bylaws of the Synod and
thus finally making them of no effect.
Among Missouri Synod Lutherans there should be no need to state once again that we believe and confess that we are saved
not by the works of the law but by God's grace for Christ's sake through faith. We exult in our freedom from the demands of
the law as children of a gracious heavenly Father. We remember with gratitude that Christ our Savior has fulfilled these
demands for us and that through His blood we have forgiveness for all our sins. And so we can rejoice in the promise of life
everlasting already here and now. This is the wellspring of our life and we will permit no legalism in whatever form to
deprive us of the joy which is ours thru the unmerited grace of our God.
Do we then renounce, repudiate, set aside the law of God? By no means. As Lutherans learn in their Catechism instruction,
the law of God has three great purposes:
1. To hold in check the coarse outbursts of sin on the part of unbelievers and also on the part of the old Adam of the
Christian;
2. To show us our sins so that we may truly find our joy and salvation in Christ, the Savior from sin;
3. To serve the child of God as a guide for his doxological life of service to the God of all love as that life is lived out
among other men. There are some who deny the third use of the law but the Commission affirms what the
Scriptures and our Lutheran Confessions teach regarding it.
So much can be said for the law of God. It has a place in the life of the Christian. But is there room for human, man-made
laws in the life of Christians together? We submit that there is. Whenever two individuals, even Christian people, enter into
a relationship with each other - whether it be in marriage or in a business partnership or in whatever relationship it may be certain agreements, rules, contracts, covenants - "laws," if you will - become necessary. The same is true when Christians
join together as a worshiping and serving community of God in the world. It is customary for Lutheran congregations to use
not only the Bible and the Lutheran Confessions but also unwritten traditions and especially written Constitutions and
Bylaws as instruments under which they agree to govern themselves.
This is true also of larger federations of Christians, such as agencies, councils, and synods. In our Synod we make certain
commitments to one another. We agree what we shall do and how we shall do it and why we shall do it. These agreements
are spelled out in a Constitution, in Bylaws, and in resolutions. We promise to walk together according to the agreements
that we have made. We pledge one another our word.
Since Christians recognize the law of Christian love as the highest law of human conduct, it governs also our life together
within the Synod. In Christ, we love those with whom we have joined hands and to whom we have given our pledge, and so
we keep our word to them.
We carry out our solemn covenants and agreements. To set aside any article of the Constitution, a bylaw, or even a
resolution of the Synod, simply because in our personal estimation it is not acceptable, means to exalt our own will above
the will of the Synod stated especially in its Constitution and Bylaws. That would be self-seeking, self-righteous,
judgmental, and loveless. This is not the way of Christians with one another.

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