LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 2, 2022, Page 3

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Article VII Relation of the Synod to Its Members
1.

2.

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.
Membership of a congregation in the Synod gives the Synod no equity in the property of the congregation.

The meaning of this article is often misunderstood and has engendered significant debate. When it speaks
of the advisory nature of the Synod, it does not mean that the Synod is advisory to its own administrative
structure, which includes districts. Districts have been created by the Synod and are Synod itself in that
place, which means that the Constitution, Bylaws, and resolutions of the Synod are binding on the districts
(Const. Art. XII 1–2, 12; Bylaws 4.1.1–4.1.1.2). A district is not free to disregard these.
With regard to its individual members and congregations, Synod does not exercise legislative or coercive
powers. This means that if a congregation or individual member violates one of the conditions of
membership in the Synod, the Synod cannot force compliance. The means by which the Synod addresses
such a violation is by removal of the individual or congregation from membership in the Synod. Anything
more is explicitly disclaimed: “In its relation to its members the Synod is not an ecclesiastical government
exercising legislative or coercive powers.” The Synod’s relation to its member congregations, specifically,
is made yet more clear: “with respect to the individual congregation’s right of self-government it is but an
advisory body.” Here maintained is not only the congregation’s ability to act freely, without any possibility
of the Synod directing at law or coercing its action, but explicitly disclaimed, in matters of the
congregation’s self-government, is the Synod’s ability to do anything more than to advise the congregation.
While the term self-government is not further defined, a universally recognized and affirmed aspect of this
self-government is the right of a congregation to call the pastor it wants. This it can do, of course, as the
Synod is “not an ecclesiastical government exercising legislative or coercive powers.” But here, provided
the congregation does not in so doing violate its agreed-to terms of membership in the Synod (for example,
by calling and/or being served by a man who is not on the roster of the Synod, Bylaws 2.5.2, 4), the
congregation cannot be removed from membership for acting otherwise than as advised (for example, by
seeking but ultimately discounting the advice of a district president as to an eligible ordained minister the
congregation might call).
Thus, in terms of calling a pastor the limits placed on a congregation are minimal:
1. Article VI 3 requires the regular call of pastors (“This is generally assumed to include such
requirements as proper eligibility of the candidate, proper notification for the call meeting, the
presence of a legal quorum in the call meeting, and election by the congregation itself.” Ag. 438,
Minutes of June 7–8, 1973)
2. Bylaw 2.5.2 limits, as a condition of membership in the Synod, a congregation to calling and
being served only by ordained ministers who are on the roster of the Synod. This requirement
flows out of Article II of the Constitution, to guarantee faithfulness to the Scriptures and
Confessions.
3. Bylaw 2.5.1 requires a congregation to seek the counsel of its district president when it is in the
process of calling a pastor (his corresponding duty to provide such counsel being found in Bylaw
4.4.5 [a]). Because of the relationship of the Synod to the congregation as expressed in Article
VII this counsel is advisory. Indeed, it is some of the extremely valuable advice, the “calling of
servants of the Word [being] a most important matter” (1945 Handbook, p. 56, cited from the 4th
Synod Handbook [1899], pp. 10, 11, 147; 1863 Proceedings, p. 31), that motivates a
congregation to join and remain a member of the Synod (Walther’s second thesis, above).
4. Bylaw 2.13.1 precludes a congregation calling a specific ministry pastor to a ministry context for
CCM Minutes – May 2, 2022 – Page 107