LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 2–4, 2012, Page 15

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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, committee’s
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).
In 1995, the Secretary of the Synod was made a non-voting member of the commission, it now also consisting
of five voting members: three ordained ministers and two lawyers (Res. 7-15A, 1995 Convention Proceedings,
p. 155).
In 2001, the Council of Presidents ratification requirement initiated by the 1992 convention (see above) was
eliminated from the Bylaws (Res. 8-05, 2001 Convention Proceedings, pp. 183–184).
In 2004, Article V of the Articles of Incorporation were amended as follows (Res. 7-02A, 2004 Convention
Proceedings, p. 152): “The management authority and duties of the Board of Directors of the Synod shall be
limited to the extent such authority and duties are delegated by the Constitution and Bylaws of The Lutheran
Church—Missouri Synod to other officers and agencies of the Synod. The management authority and duties of
the Board of Directors and such other officers and agencies shall be defined in the Constitution and Bylaws, and

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