LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 3, 1988, Page 4

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Directors had considered the proposal, had suggested a number of changes, and was referring the matter
back to the Commission on Structure through its Committee 2 for further consideration. The bylaw as
proposed for consideration by the Commission on Structure is as follows:
15.01 How Made
a. Amendments to the Bylaws may be made
1. By the convention provided they are
i. not contrary to the Constitution;
ii. presented in writing to a convention of the Synod;
iii. specified as bylaw amendments and considered by a convention floor
committee;
iv. submitted to the Commission on Constitutional Matters for clearance prior to
presentation to the convention;
v. adopted by the affirmative vote of a majority of the delegates present and
voting.
2. By the Board of Directors, incorporating into the Handbook of the Synod
amendments which
i.

are proposed by the Secretary of the Synod and reviewed by the Commission
on Constitutional Matters in keeping with the intention of Bylaw 3.533 c;
ii. have been reviewed by the Board of Directors;
iii. are determined after review, to be in conformity with resolutions and changes
adopted by the Synod; and
iv. have obtained the joint concurrence of the Board of Directors and the
Commission on Constitutional Matters.
b. Bylaws prepared in accordance with 15.01 a, 2 shall be operative on an interim basis and
shall be reported for appropriate action to the succeeding convention of the Synod.
During discussion of the proposed method for amendment, the Commission suggested that a definite
majority, such as a two-thirds majority of elected and qualified Board of Directors should be required for
the incorporation of amendments. It also expressed the concern that reference should be made to
amendments which are based only on resolutions adopted at the most recent convention and that these
amendments should be proposed within six months following the convention. It further suggested that
provision be made for adoption and approval on a two-reading basis, perhaps notifying the Synod through
one of the official periodicals of the adoption of a proposed amendment on a first reading basis, thereby
allowing members of the Synod to react prior to final approval and incorporation in the Handbook. These
suggestions are to be shared with the Commission on Structure.
135. Jurisdiction and Venue : Brief discussion was held regarding the need or desirability for proposing
bylaws for convention consideration which would deal with any possible conflict between the authority
and responsibility of the Commission on Constitutional Matters and the Commission on Appeals. It was
decided that no action be taken at this time. Judge Groh, however, was asked to develop a proposal which
would identify the points in adjudicatory proceedings at which advisory opinions could no longer be
requested from the Commission on Constitutional Matters or the Commission on Theology and Church
Relations. This proposal is to be shared with the chairman prior to the next meeting of the Commission.