LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 2–4, 2012, Page 11

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3.9.2

The Commission on Constitutional Matters exists to interpret the Constitution, Bylaws, and resolutions
of the Synod and ensure that the governing instruments of the Synod and its agencies are in accord with
the Constitution and Bylaws of the Synod.

3.9.2.1

The Commission on Constitutional Matters shall consist of:
1. Five voting members, whose terms shall be for six years renewable once, three of whom shall be
ordained ministers and two shall be lawyers
2. The Secretary of the Synod, who shall serve as a nonvoting member of the commission and its
secretary

3.9.2.1.1 The Commission on Constitutional Matters shall be appointed in the following manner:
(a) Candidates shall be nominated only by the district boards of directors and shall be presented to
the Council of Presidents through the Office of the Secretary.
(b) The Council of Presidents shall select five candidates for each vacant position and present them
through the office of the Secretary of the Synod to the President of the Synod.
(c) The President of the Synod, in consultation with the vice-presidents of the Synod, shall appoint
the members of the commission from the list presented by the Council of Presidents.
(d) Thereafter the appointments shall become effective upon ratification by a majority vote of the
members of the Council of Presidents.
(e) Vacancies in appointed positions shall be filled by following the procedure set forth above.
3.9.2.2

The Commission on Constitutional Matters 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.
(a) A request for an opinion may be accompanied by a request for an appearance before the
commission.
(b) 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.
(c) 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. 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.
When an opinion pertains to business, legal, or property matters and the Board of Directors of the Synod
concludes that such opinion of the commission is contrary to the laws of the State of Missouri, the board
and the commission, or their respective representatives, shall meet jointly to discuss the issue(s) and seek
resolution thereof. If agreement cannot be reached on whether the matter is governed by the laws of the
state of Missouri, that question shall be presented to a five-member panel consisting of three hearing
facilitators (Bylaw 1.10.12) chosen by blind draw by the Executive Director of Internal Audit of the
Synod from the pool of hearing facilitators; one person appointed by the Commission on Constitutional
Matters; and one person appointed by the Board of Directors. At least one of the hearing facilitators shall
be an attorney, and the appointees of the commission and board shall not be members of the groups that
appointed them. The decision of the panel in support of the Commission on Constitutional Matters or the
Board of Directors shall be binding on the issue(s) unless and until it is overruled by a convention of the
Synod.

3.9.2.2.1 The Commission on Constitutional Matters shall examine all reports, overtures, and resolutions to the
Synod asking for amendments to the Constitution and Bylaws of the Synod or which in any manner

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