LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 1-2, 1973, Page 5

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convention but this should remain the prerogative of the convention. This clause should
be dropped from the bylaw as either (1) superfluous, on the basis of a relaxed
interpretation such as the presidents have followed in the past since the adoption of this
bylaw, or as (2) unconstitutional on the basis of a strict, literal interpretation.
3.

The bylaw also calls for the denial of overtures "which contain defamatory allegations
or overtures which may subject the President of the Synod or the Synod to civil actions
for libel or slander." (1) The first part of this two-pronged requirement is double edged.
As Christian people we should be on our guard against anything defamatory. It is true,
however, that those who are entrusted with responsibility by the Synod are accountable
to the Synod and if a certain segment of the membership feels that such officers have
been derelict in their duties and call upon the Synod to take remedial action, can this
always be regarded as defamatory? The decision whether or not a certain overture is in
fact defamatory is entirely too subjective to be meaningful. (2) The provision regarding
legal suits for libel or slander is more manageable since there are civil laws to this
effect. It would be worthwhile for the Synod to retain this provision in the bylaw to
enable the officers of the Synod, upon advice of legal counsel, to decline that which
would subject the Synod to legal action. One would hope that defamatory allegations
beyond that point would be dealt with by the inner restraints which ought to guide all
Christian people.

4.

The bylaw finally states: ". . . nor shall any overture be accepted with reference to any
case involving suspension, expulsion, or appeals." This cannot mean that a member of
the Synod cannot ask the Synod to suspend an officer from his position for such a
denial would again nullify the function and power of a convention, as well as the
accountability of all officers to the Synod in convention and the rights of membership.
It can only mean that any case in which a person has been suspended or expelled and
which is now in the process of or still subject to appeal should not at that moment in
history be made a matter for convention action. This clause, therefore, needs to be
rewritten.
PROPOSAL

It is proposed that Bylaw 1.27c be revised to read:
c. Overtures with reference to a case in which a member has been suspended or expelled and
which is at present in the process of or subject to appeal as well as overtures which, upon advice of
legal counsel, may subject the Synod or the corporate officers of the Synod to civil action for libel
or slander shall not be accepted for convention consideration.