LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 11-12, 1976, Page 9

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procedures for certifying them, placing them, ordaining them, and so forth. The "Synod" does this. But
what is the Synod? It is primarily a large number of congregations sharing the same confession of faith
and the same concerns and desires. In a very real sense one must affirm the right of the individual
congregation to call and ordain its own pastor. The Commission on Constitutional Matters has often ruled
accordingly. However, as has been stated again and again, in joining the Synod a congregation is
voluntarily joining many other congregations in voluntarily limiting to some extent the-exercise of this
right for the sake of the greater welfare of the group and also for its own well-being and protection. It
voluntarily agrees that as one of the important bonds and expressions of fellowship it will now jointly (no
longer separately) train its pastors, certify them, and ordain them. In all this the congregation does not
think of itself as being pitted against a foreign body called "the Synod" but rather as an important part of a
large group of congregations with common convictions and interests. It has.the right to withdraw in a
Christian manner and to go its own way, but as long as it continues as a member of the Synod to join
hands with other congregations it agrees to walk together with them and to uphold their mutually agreed
upon standards and procedures.
2. Through their delegates at conventions 'these congregations elect officers in the Synod and in the
District and charge them with the responsibility of executing the decisions of the congregations set forth
in the Constitution, in the Bylaws, and in synodical convention resolutions. Of particular interest in this
connection are the following responsibilities of District presidents set forth in the Constitution of the
Synod:
"Furthermore, the District Presidents shall -a.

See to it that all resolutions of the Synod which concern the Districts are made known to the
Districts and are carried out by them;

c.

Perform, either in person or by proxy, the ecclesiastical ordination of the candidates for the
ministry assigned to their Districts and the installation of such, as well as the installation of
the candidates for the office of schoolteacher and of all ministers and teachers called by the
congregations in their Districts.". (Constitution Article XII, 9)

"The officers of the Synod must assume only such rights as have been expressly conferred upon
them by the Synod, and in everything pertaining to their rights and the performance of their duties
they are responsible to the Synod.
"The Synod at all times has the right to call its officers to account and, if circumstances require it, to
remove them from office in accordance with Christian procedure." (Constitution, Article XI, A)
Basic to this discussion is also Bylaw 4.01. It should be noted that Bylaw 4.01 was adopted before
the outbreak of the present controversy. The preamble of the resolution (Denver Res. 5-23) in which the
Synod adopted this bylaw explains that what is verbalized in Bylaw 4.01 (originally 4.02) was in fact
taken for granted throughout the Synod's history. At all times it was unthinkable that a member
congregation would call a pastor who did not meet the eligibility requirements of the Synod and therefore
could not be accepted by the other congregations within the covenant. Unilateral action on the part of a
single congregation taking such a step would constitute a breach of trust and agreement with the other
congregations in the fellowship. Bylaw 4.01 reads:
"a.

Congregations which are members of the Synod, in conformity with Article III, 3 of the
Constitution of the Synod, shall call and be served only by pastors and called teachers who
have been admitted to these respective ministries in accordance with the rules and regulations
set forth in the synodical Handbook and have thereby become members of the Synod.