LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 2–4, 2012, Page 16

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each of them shall be responsible to the Synod for the proper and prudent fulfillment of the authority and duties
so delegated to them. In the case of any conflict or uncertainty in determining the authority and duties of the
Board of Directors and such other officers and agencies, the opinions of the Commission on Constitutional
Matters interpreting the Constitution and Bylaws of The Lutheran Church—Missouri Synod shall be binding,
unless and until overruled by a synodical convention.” The Bylaws were also amended as follows (2004
Convention Proceedings, p. 153): “It shall have the right to call up for review and criticism, and to request
modification or revocation of, any action or policy of a program board, commission, or council, except opinions
of the Commission on Constitutional Matters” (Bylaw 3.3.5.5.[a] [2]) and “When opinions pertain primarily to
business, legal, finance, civil rights, contracts, or property matters, the commission shall first consult with the
Board of Directors and/or the Synod’s legal counsel” (Bylaw 3.9.2.2 [b]).
In 2007, the word “regulations” was amended to read “governing instruments” in Bylaw 3.9.2.2.4 (Res. 7-06A,
2007 Convention Proceedings). The appointments to the commission are now once again ratified by the Council
of Presidents (see the 1992 and 2001 postings above and amended Bylaw 3.9.2.1.1). Bylaw 3.9.2.2 was
amended to require the commission to notify an officer or agency of the Synod if a request for an opinion
involves an activity of that officer or agency , that 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 and that any issues relative to the applicability of the laws of the State of Missouri shall
be resolved in accord with specific provisions including a joint meeting of Board of Directors and commission
representatives and if necessary, a five-member panel (2007 Convention Proceedings, Res. 8-01).
In 2010, the Bylaw provisions requiring the commission to revise the Handbook of the Synod immediately after
each convention of the Synod to bring it into harmony with the resolutions or changes adopted by the
convention and to maintain a complete file of succeeding handbooks so that a comparison can be made between
current regulations and those immediately preceding (Bylaw 3.9.2.2.3, 2007 Handbook) was delegated to the
Commission on Handbook (Bylaw 3.9.4.2. [b] and [c], 2010 Handbook) with the provision that the Commission
on Handbook revise the Handbook after each convention in consultation with the Commission on Constitutional
Matters. While there were no substantive changes made, 2007 Handbook Bylaws 3.9.2.2.1, 3.9.2.2.2 and
3.9.2.2.4 were revised for clarification (2010 Handbook Bylaws 3.9.2.2.1– 3.9.2.2.3). However, the
Commission on Handbook is now given the responsibility to assist convention floor committees when
developing bylaw proposals asking for amendments to the Constitution, Bylaws, and Articles of Incorporation
of the Synod or which in any manner affect the Constitution, Bylaws, and Articles of Incorporation to determine
their agreement in language (terminology) with the current Handbook, thereby to maintain Handbook integrity
and good order (2010 Handbook, Bylaw 3.9.4.2 [a]).
[Revised 11/07/10]

174. Revision of “Guidelines for Constitutions and Bylaws of Lutheran Congregations”
Six years having gone by since the last revision of its “Guidelines for Constitutions and Bylaws of
Lutheran Congregations” and prompted by recurring questions and issues raised by district constitution
committees and recent convention actions, the commission reviewed the existing document and approved
the following revision to assist congregations in developing or revising their constitutions and bylaws.
GUIDELINES FOR CONSTITUTIONS AND BYLAWS
OF LUTHERAN CONGREGATIONS
PREFACE

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