LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — July 27–August 3, 2023, Page 5

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At Bylaw 3.10.6.8.1 (e), “under the ecclesiastical supervision of the Synod,” language used
elsewhere (Bylaws 3.10.5.7.8, 3.10.6.9.5–6 [proposed]), refers to the Constitutional and Bylaw
apparatus for ecclesiastical supervision in toto and therefore presents no challenge to interpretation.

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At Bylaw 3.10.6.8.3 (b), the proposed interposition of the geographic district president in the
exercise of the President’s exercise of ecclesiastical supervision of the institution and of the
university president as regards his office thereof (as opposed to the exercise of ecclesiastical
supervision of the person of the university president, by way of Bylaw section 2.14) is inappropriate
(Cf. Bylaws 3.3.1.1.1 [c], 3.3.1.2 [a]; 4.1.5). There are two veins of ecclesiastical supervision: one,
of the institution; the other, of the person. This activity relates ultimately to removal from office,
not removal from the Synod, and therefore is of the first kind.

(G) Proposed Amendments (Universities) to Res. 7-05, “To Bring Accountability to Concordia Boards of
Regents and to Improve Doctrinal Fidelity and Amenability to Ecclesiastical Supervision”
At the request of the floor committee chairman, the commission reviewed changes being proposed to Floor
Committee 7 by the presidents and boards of the Concordia Universities, as embodied in a draft of July 25.
The commission notes the inclusion of the “fourth commandment resolved,” which is, as explained above,
inconsistent with the Constitution and Bylaws of the Synod.
The commission notes, with regard to Res. 7-05 as proposed, that the addition of Bylaw 1.5.7.1 (f) leaves
unspecified who has authority to send a written notice that triggers the noted procedure and also does not
clearly specify (though it may be presumed that the procedure continues with Bylaw 1.5.7.1 [c][1]) what
happens upon the indicated recommendation to the Board of Directors regarding the removal.
John W. Sias, Secretary
189. Doctrinal Review Challenge of Exempted Items (23-3014)
On July 28, 2023, the Secretary of the Synod asked the commission for an opinion on the following
question, which the commission addressed while the Secretary was attending to convention business:
Question:

Noting Op. 17-2869, does Bylaw 1.9.1 (and Bylaw 3.9.3) permit material exempted from
original doctrinal review under Bylaw 1.9.1.1 (g) or (b) to have its doctrinal review
certification appealed, following publication, under the procedure of Bylaw 3.9.3.2.2?

Opinion: Op. 17-2869 does not have as its subject matter the exceptions noted in Bylaw 1.9.1.1(b) or (g),
but does put forth the general position that all matters can have their doctrinal statements reviewed, ““The
overall responsibility for doctrinal supervision and review lies with the President of Synod” (1.9.2 [a]) and
he exercises this responsibility for doctrinal review of all materials and publications of Synod and its
agencies or auxiliaries either through those reviewers appointed under Bylaw 1.9.2 [a] or through those
stipulated separately in 1.9.1 [c–f]. “
The exceptions noted in Bylaw 1.9.1.1(b) or (g) are not subject to doctrinal review and are therefore not
doctrinally certified. The first requirement of 3.9.3.2.2. is that the publication challenged be doctrinally
certified. Without the publication being first doctrinally certified, the challenge procedure outlined in
Bylaw 3.9.3.2.2 is not available.
Therefore, any questions concerning the doctrinal content of those matters under Bylaw 1.9.1.1(b) and (g)
would normally be referred to the President of Synod.
Thomas J. Deadrick, Assistant Secretary
190. Proposed Amendments to Convention Resolutions (23-3012, cont.)
The commission reviewed several proposed amendments to resolutions published in the First Edition of
Today’s Business, upon request either of their submitters or of floor committees to which they had been
recommended.
CCM Minutes – July 27–August 3, 2023 – Page 157