LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 9-10, 1990, Page 8

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on Constitutional 1 Matters, in rendering this opinion, is exercising its authority under 3.533,d 1 of the
Bylaws, noting that it is the only body vested with this authority.
A general analysis of the entire system reflects a clear division of authority and duties. Specifically, they
are as follows:
COMMISSION ON THEOLOGY AND CHURCH RELATIONS
The Commission on Theology and Church Relations is responsible for providing guidance and
interpretation to the Synod in matters of Theology and Church Relations as illustrated in Bylaws 3.593,b,2
and 8.51,f. 3 Neither this Commission nor any other Commission has the authority to establish doctrinal
positions. This is reserved to the Synod in convention and its congregations as set forth in 1.09,c,4,5 and 7
4
(contrast Bylaw 3.533,d).
COMMISSION ON CONSTITUTIONAL MATTERS
Bylaw 3.533 of the constitution of the Synod vests the Commission on Constitutional Matters with the
authority to interpret the Synod's constitution, bylaws and resolutions. Such interpretative opinions are
binding on the questions decided unless and until they are overruled by a synodical convention. Thus,
once a question is asked and an opinion rendered, no other body has the right to alter or change it and the
"opinion rendered by the Commission shall be binding on the question decided unless and until it is
overruled by a synodical convention." This responsibility for issuing binding interpretations of the
Synod's Constitution, Bylaws, and Resolutions is solely and exclusively that of the Commission on
Constitutional Matters. The right to request an opinion is an absolute right of any synodical member,
official, board, commission, agency of the Synod or any party to a matter under adjudication (Bylaws
3.533,d, and 8.51,f,). The Commission on Constitutional Matters is not an adjudicative body; nor does it
function as a fact finding group as the term is usually understood but bases its decisions on the facts as the
question is submitted.

COMMISSIONS ON ADJUDICATION AND COMMISSION ON APPEALS
The basic function of the Commissions on Adjudication and the Commission on Appeals is embedded in
the purposes and objectives of Chapter VIII, entitled Reconciliation, Adjudication and Appeal specifically
set forth in 8.01 of the Bylaws. The process is intended to assist in achieving the objectives of the Synod
to "provide protection for congregations, pastors, teachers, and other church workers in the performance
of their official duties and the maintenance of their rights" (Article 111, 9). The Bylaws of Chapter VIII
have been developed "in order to provide a means consistent with the Holy Scriptures to find the truth,
provide for justice, and safeguard the welfare of the Synod, the members of the Synod and those (whether
or not members of the Synod) holding positions with the Synod or with an organization owned and
controlled by the Synod." The Commissions on Adjudication are responsible for the orderly and
peaceable resolution of controversies as prescribed by the Bylaws when, after consultation with the
responsible synodical official, all informal efforts for reconciliation have proved futile. Their general
function is to resolve issues of controversy within the confines prescribed by the Bylaws. Pursuant to
Bylaw 8.39, "the Commission on Appeals shall handle only appeals of decisions of the Commissions on
Adjudication." The Commission would note that these bodies obtain jurisdiction only and when every
effort has been made to effect reconciliation and that such attempts at reconciliation are to continue
throughout the adjudication and appellate process. As Bylaw 8.01 states, "these provisions are made
available with the expectation that through them and otherwise every effort shall be made to effect
reconciliation in all cases of disagreement, accusation, or controversy in which all parties fall within the
following classifications ....”