LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — November 6-7, 1987, Page 4

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apply to officers who are members of boards only by reason of the fact that they are officers.
Consequently, Michigan District Bylaw 5.4 e does not apply. 5.7 is the pertinent bylaw and when a
district vice president moves out of a region, the position is, in effect, vacant and should be filled by
appointment until the next district convention.
If the district does not wish to follow this procedure in the future and if this was not the intent, the bylaw
should be amended in order to incorporate that intent.
76. Amended Constitution and Legality of Actions (Ag. 1823) : A letter had been received from an
emeritus pastor, a member of a congregation which, according to his statement, had changed its
constitution, had not informed the congregation of changes, and had not shared changes with the District
Committee on Constitutional Matters as required by the Bylaws of the Synod. The question presented to
the Commission on Constitutional Matters was, "Because such meetings are in violation of the
congregation's constitution, would that have any effect on the legality of certain actions taken by the
Voters' Assembly, e.g., signing a contract, calling, etc.?" In response, the Commission replied that it is
incumbent upon each member of the Synod to follow the Bylaws of the Synod and for congregations to
follow their constitution and bylaws which have been approved by the districts through which they hold
membership. Failure to do so may not necessarily involve litigation but could result in difficulties for a
congregation. Furthermore, there is moral obligation to follow the procedures upon which members of a
congregation and members of the Synod have agreed. If this has not been or is not being done, the matter
should be brought to the attention of the district president so that he may deal properly with the issue.
The Commission would further note that if changes have been made in accordance with the instrument
itself, that is, with the constitution and bylaws of the congregation, there may not necessarily be a legal
problem. The two issues of membership in the Synod and legality of actions of the congregation should
not be confused.
77. Guidelines for the Constitution and Bylaws of a Congregation (Ag. 1825) : A letter had been
received from a pastor suggesting that the Guidelines for the Constitution and Bylaws of a Congregation
be revised so that the purpose clause in Constitutions would stress the matter of making disciples rather
than emphasizing maintenance and survival purposes. The Secretary had provided a response expressing
appreciation of the Commission for the suggestions. The Commission did, however, note that in review of
the existing guidelines, the words, "to assist in teaching the Gospel of Jesus Christ to all the world," are
included. The form in which the necessity of making disciples of all nations is stated is a matter of
preference. The Commission endorsed the response which had been provided by the Secretary.
78. Membership Bylaws (Ag. 1826) : A pastor in the Northwest District whose membership in the
Synod had been revoked by action of the Council of Presidents appealed that action to the synodical
Commission on Adjudication and requested an advisory opinion from the CCM on the constitutionality of
the bylaws governing membership in the Synod. The Commission on Adjudication had forwarded the
request. Basically, the pastor contended that the bylaws governing membership were not in keeping with
the Constitution of the Synod which was the governing instrument. The pastor requested that the bylaws
be declared unconstitutional and asked the Commission to base its decision not only on legal
considerations but upon what he considered to be scriptural considerations.
The Commission decided to offer the following response:
While not specifically stated, the Constitution of the Synod at a number of points obviously
presupposes the adoption of Bylaws which are intended to clarify and expand the meaning of the
Constitution. The Commission on Constitutional Matters has the duty to interpret the Constitution
and Bylaws. The delegates voting at a synodical convention have the responsibility for
establishing them. Delegates voting at synodical conventions have done that.