LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 10, 2017, Page 1

Transcription machine transcription, uncorrected

⤓ Download .txt · copy text

MINUTES
COMMISSION ON CONSTITUTIONAL MATTERS
Phone Conference
July 10, 2017
63. Call to Order
Chairman George Gude called the phone conference to order at 6:00 pm, with all members participating,
and offered an opening prayer.
64. Relation of Const. Art. VII 1 and Const. Art. XIII 3 (17-2836)
On June 28, a Hearing Panel of the Synod, under Bylaw 2.14.7.8 [k], requested an opinion of the
commission consisting of three questions regarding Const. Art. VII 1 and Const. Art. XIII 3:
1. Are the Bylaws resolutions?
2. What was the intent and meaning of inexpedient, as is expressed in Const. Art. VII 1?
3. In a decision to suspend a congregation for failure to depose a suspended [sic] pastor, whose will
has greater authority, a member congregation or Synod through its representative?
Background:
Const. Art. VII 1, under the heading “Relation of the Synod to Its Members,” reads as follows:
In its relation to its members the Synod is not an ecclesiastical government exercising legislative
or coercive powers, and with respect to the individual congregation’s right of self-government it
is but an advisory body. Accordingly, no resolution of the Synod imposing anything upon the
individual congregation is of binding force if it is not in accordance with the Word of God or if
it appears to be inexpedient as far as the condition of a congregation is concerned.
The meaning and history of interpretation of Const. Art. VII 1 is a broad topic, on which much time and
effort has been, and could profitably be, expended. For the sake of a timely response, this opinion will
confine itself principally to the relation of Const. Art. VII 1 to the constitutional provision referred to in
Question 3, namely, Const. Art. XIII 3. The latter reads as follows:
If the member expelled is a pastor or teacher in a congregation of the Synod, such congregation,
unless it has already done so, is held to depose him from office and to deal with him in accordance
with the Word of God, notwithstanding an appeal. If it persistently refuses to do so, the respective
district is to deal with it. If all negotiations and admonitions fail of their purpose, such
congregation forfeits its membership in the Synod.
In the following, the commission has revised the questions for clarity and accuracy, as indicated by the
bracketed phrases.
Question 1:

Are [the provisions of the Synod Constitution and of] the Bylaws resolutions? [That is, are
they to be treated as within the right granted a congregation in Const. Art. VII to find a
resolution to be inexpedient and therefore not of binding force?]

Opinion: No.
Leaving aside the question of how the “right of expediency” applies to various types of Synod resolutions,
the Constitution of the Synod and its Bylaws clearly do not fall under such a right. The consistent opinion
of conventions and the Commission on Constitutional Matters has been summarized in the commission’s
Opinion 99-2157 (September 14, 1999):
It should be noted that the second sentence of Article VII states, “…no resolution of the Synod…”
[emphasis original to Op. 99-2157]. It does not speak of the Constitution or Bylaws of the Synod.

CCM Minutes – July 10, 2017 – Page 53