LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 2–4, 2012, Page 12

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affect the Constitution and Bylaws, to determine their agreement in content with the Constitution and
Bylaws of the Synod.
3.9.2.2.2 The Commission on Constitutional Matters shall be represented at the meetings of national convention
floor committees considering constitution and bylaw matters to ensure that they are in accord with the
Constitution, Bylaws, and resolutions of the Synod.
3.9.2.2.3 The Commission on Constitutional Matters shall examine the articles of incorporation, bylaws, and policy
manuals of every agency of the Synod to ascertain whether they are in harmony with the Constitution,
Bylaws, and resolutions of the Synod.
(a) Agencies intending to make amendments to articles of incorporation or bylaws shall make such
intentions known and receive approval from the commission in advance.
(b) The commission shall maintain a file of the articles of incorporation, bylaws, and policy manuals
of all agencies of the Synod.

[Appendix B]
BYLAW 3.9.2.2 (c) GUIDELINES
Overtures may be submitted to a convention of the Synod requesting the overturn of a formal opinion
of the Commission on Constitutional Matters. Floor committees assigned such overtures must consider them in
light of the provisions set forth in Bylaw 3.9.2.2 (c):
(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.
In order to assist floor committees receiving overtures seeking to overrule an opinion of the commission, the
commission respectfully offers the following background and information outlining how, based on substantive
rationale, the commission arrives at its opinions.
1.

Understanding the Role of the Commission on Constitutional Matters and its Responsibility for Interpretation
Dr. C.F.W. Walther stated in his 1879 essay, “Duties of an Evangelical Lutheran Synod,” presented to the first
Iowa District convention: “Therefore, anyone who joins a synod knows in advance: ‘I am now becoming a
member of an organization that is charged with the responsibility of supervising church affairs; I am also
joining an organization that operates with a specific system of regulations [Ordnung], for without regulations it
could not exist’” (Essays for the Church, C.F.W. Walther, Vol. II, CPH, 1992).
Through the delegation of responsibilities, the members of the Synod carry out what they themselves decide,
which is expressed and set forth in the Synod’s Constitution, Bylaws, and resolutions. Historically, the
Commission on Constitutional Matters (CCM) has been responsible for providing the important service of
interpretation of the Synod’s Constitution, Bylaws, and resolutions, thereby assisting the members of the Synod
in carrying out in a fitting and orderly manner the Synod’s “church affairs” through its “system of regulations.”
The commission does not develop policies or programs, nor does it supervise their implementation. The
commission does not see to it that the Constitution, Bylaws, and resolutions of the Synod are carried out, nor
does it interpret the Scriptures. Through its opinions, however, the commission does carry out its particular
responsibility to interpret (between conventions) the collective will of the Synod as specified in the

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