LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 5, 1988, Page 4

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The Commission ratified the response which had been provided by the Secretary.
92. Interpretation of Bylaws 2.07-2.11 (Ag. 1832) : A question had been raised regarding the proper
procedure for placement of a pastor from another Lutheran Church body on the roster of the Synod when
both that pastor and the congregation had requested membership in the Synod. It did not seem proper for
the Council of Presidents to ask that the congregation which he was presently serving would extend a call
for him to serve as their pastor and then have him placed by the Council of Presidents into a congregation
which he has already been serving. In response, the Commission noted that
"Not only are Bylaws 2.04-2.11 involved in this matter, but also Bylaw 6.101 which states, 'Every
colloquy student whom the respective faculty declares qualified for the pastoral ministry shall be
assigned his first call by the Council of Presidents acting as the Board of Assignments.'
In view of these bylaws, it is the opinion of the Commission on Constitutional Matters that the
Council of Presidents should ratify the call of the congregation which is presently being served,
which ratification, in effect, becomes his first assignment. It is further noted that the assignment
of a 'vicarage' or 'supervised ministry' is optional and not required. 6.97 a states that such a
vicarage shall 'ordinarily' be required and decisions regarding this matter are therefore subject to
the judgment of the Colloquy Examining Committee."
93. Constitutionality of Bylaws (Ag. 1826,A) : In a previous meeting, the Commission on Constitutional
Matters had provided an opinion which stated that Bylaws of the Synod, since they were properly
enacted, were not contrary to the Constitution of the Synod and were to be considered as further
elaborations of constitutional provisions.
The Rev. Alfred Balmer, who had requested the opinion from the Commission, asked that this matter be
reconsidered but that the reconsideration be delayed until a future meeting of the Commission on
Constitutional Matters.
In response, the Commission stated that Rev. Balmer should be notified that his request had been
received, that it acceded to his request, and that it would await his appeal if it should be forthcoming.
94. Expedience, Definition (Ag. 1833) : The Commission on Constitutional Matters had been requested
to provide an interpretation of the term "expedient" as used in the Constitution Article VII and in Bylaw
2.39 b of the 1983 Handbook. The question had been raised by a district president because of a
congregation's maintaining that if they found it "expedient" to participate in joint Lenten worship services
with congregations of the ELCA, this would be proper because of their right of self-governance, since the
Synod is only an advisory body.
In response, the Commission noted first that the term, "expedient," is no longer used in the 1986
Handbook but has been replaced with the word, "applicability," a term which is more properly the
translation of the word, "uneigentlich," the word which occurs in the German language in which the
Constitution was originally written.
The Commission noted among other things, that in referring to Article VII as the authority, Article VI,
cannot be conveniently ignored. This article which defines "conditions of membership" includes among
other things the renunciation of unionism and syncretism of every description, such as, taking part in the
services and sacramental rites of heterodox congregations or of congregations of mixed confession.
Furthermore, it is improper to refer to Bylaw 2.39 b and to ignore the clear statements of 2.39 c. The last
sentence of that bylaw is especially pertinent when it states, "While the conscience of the dissenter shall
be respected, the consciences of others, as well as the collective will of the Synod, shall also be
respected."