LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 3, 2025, Page 3

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A. Necessity of Constitutional Review
In order for the contemplated activity to be constitutional, it must flow from the objectives of the Synod
stated in Constitution Article III. A surface reading of this article in isolation reveals no obvious reference
to provision of property casualty insurance to member congregations or other related organizations, or even
to a related class of services. 4
The Synod’s constitutional framework authorizes officers “to assume only such rights as have been
expressly conferred on them by the Synod” (Const. Art. XI A 1). With regard to this limited grant, the
Synod “at all times has the right to call its officers to account” (Const. Art. XI A 2). The right to pursue
activities beyond the Synod’s stated objectives is, obviously, not expressly conferred. The Synod has
accepted, as will be seen, that there is a limited category of activities not explicitly present among but
constructively identified as within the Synod’s explicitly-stated objectives. The expansion of work into such
areas is, however, fraught with constitutional peril for the officers and agencies undertaking it (not to
mention the risk of investment of a presumably significant portion of necessarily limited resources in an
activity a convention could later summarily determine not to be within its charge to the Synod and its
agencies). If undertaken, expansion of such work must be undertaken with due care.
B. Contextual and Historical Understanding of Const. Art. III in General
Under the broad reasons of the Preamble (one of which is “our Lord’s will that the diversities of gifts should
be for the common profit,” 1 Cor. 12:4–31) and the confession of Article II, Constitution Article III states
the objects of the Synod (or Synodical union). These are augmented or made more concrete (as touching
on material, financial, and civil aspects) by the explanatory language of Bylaw 1.1.1, which summarizes
the Synod’s purpose as being “organized to work in support of and on behalf of congregations to assist
them in carrying out their ministries...” Article II of Synod’s Articles of Incorporation reinforces the view
that the Synod (or its authorized agencies) may provide some business and property services not explicit in
Const. Art. III. Objectives included there are “(b) To assist in the establishment of Evangelical Lutheran
congregations and preaching stations”; “(c) To assist, advise, and protect member congregations…”; “(f)
To provide assistance and resources to the congregations [and] schools…for the dissemination of the
Christian Gospel”; and “(g) To establish and conduct all such enterprises and endeavors and to exercise
such further power as may be necessary or expedient to carry out the objectives stated in the Constitution.”
Synod has incorporated not only to provide aid and counsel narrowly focused along the particular, ecclesial
lines described in Const. Art. III but, in part, to assist its member congregations in the areas of business and
property, so as to support generally their practical existence and work.
While Const. Art. III is certainly central to the fundamental definition of Synod’s purposes, a completely
rigid, isolated, surface reading of the article is thus not contextually tenable.
Neither is such a reading historically tenable. It may be observed that the Article III objectives (other than
the tenth) are more ecclesial in emphasis; they lack obvious reference to the accustomed, concrete efforts
of the Synod to assist congregations and other entities with financial or other services. This is most notable
and relevant, as congregational property matters are involved here, with regard to the work of church
extension—an activity in which the Synod has been formally, substantially, and nationally involved since
1902, 5 even well before the modern statement of the Constitution in German and then in English (1917–
20). The work of church extension must be constructively identified within Article III, as will shortly be
demonstrated, with relevance to the presently contemplated activity.
4
With respect to the property and operations of Synod agencies, administration of the Synod’s “insurance plan” for
Synod agencies may be understood to lodge under Art. of Inc. II g, whereby corporate Synod is authorized “to
establish and conduct all such enterprises and endeavors and to exercise such further power as may be necessary or
expedient to carry out the objectives stated in the Constitution…” and the Board of Directors’ authority and
responsibility as “custodian of all the property of the [Synod]” (Const. Art. XI E 2).
5
Suelflow, “Church Extension Commission,” in Survey Commission Report on District—Synod Relations, 1962.

CCM Minutes – February 3, 2025 – Page 60