LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — January 23, 1990, Page 1

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Appeals. In the meantime, the Commission on Appeals was to be asked not to make a decision regarding
the request of Zion, Bismarck and the North Dakota District President.
34. Adjournment : Having completed its business, the meeting of the Commission on Constitutional
Matters was adjourned with the understanding that the final form of proposed responses to the questions
of Dr. Bohlmann would be shared with the Commission members before forwarding to those who had
requested opinions of the Commission.
Walter L. Rosin, Secretary
35. Adopted following telephone conference :
SUPPLEMENT TO OPINION OF THE COMMISSION ON CONSTITUTIONAL MATTERS
REGARDING CERTAIN ISSUES RELATING TO INTERPRETATION OF THE
CONSTITUTION AND BYLAWS OF THE SYNOD IN MATTERS OF ADJUDICATION AND
APPEALS
The Commission on Constitutional Matters has received a request for clarification of its response to
Question 6 of Dr. Bohlmann's letter of January 23, 1990 which asked,
6. "May the Commission on Appeals on its own authority issue binding doctrinal
interpretations, particularly if this is done without recourse to or citation of binding synodical
documents or resolutions or without seeking the theological judgments of the Commission on
Theology and Church Relations? If the synodical president finds that such a doctrinal
interpretation by the Commission on Appeals is inadequate or wrong, may he, as the chief
supervisor of doctrine in the Synod, negate or set aside the faulty interpretation?"
The Commission responded by saying,
"The Commission notes that the term "binding" occurs only in Bylaw 8.69 and applies only to
parties to a case. Binding doctrinal decisions can only be made by the Synod in convention and its
congregations.
Further, on the basis of Constitution Article XI,B,I, it is clear that the President of the Synod is
responsible for the supervision of doctrine within the Synod. In view of this, and on the basis of
Bylaw 3.69,m, which states, "All boards and commissions shall be responsible and accountable
for their activities to the President of the Synod (Article XI,B,1-4) between conventions of the
Synod ....,” it is the opinion of the Commission that the President of the Synod not only may, but
is obligated to negate or set aside wrong, faulty or unsupported doctrinal interpretations and
statements utilizing the procedures set forth in Bylaw 3.103, and Article VIII, B and Article XI,
B,9. of the constitution."
A question has now been asked as to whether this response allowed the President of the Synod to, in
effect, determine doctrine for the Synod.
The Commission would call attention to the phrase which is contained in the last two lines of the response
which clearly state "utilizing the procedures set forth in Bylaw 3.103, and Article VIII,B, and Article
XI,B,9, of the Constitution." These Bylaw and Constitutional statements