LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 9-10, 1990, Page 12

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states, "In appeal cases before the Commission on Appeals there shall be no new hearing, and
the Commission on Appeals shall render its decision on the basis of a review of the total
proceedings before the Commission on Adjudication." It is the opinion of the Commission on
Constitutional Matters that the additional evidence which may be requested and provided to
the Commission on Appeals is only for the purpose of assisting that commission in
determining whether the Commission on Adjudication acted properly in arriving at its
decision. The Commission on Appeals is not to hear a case de novo. Consequently, if the
Commission on Adjudication has not previously considered an issue, the case should be
returned to the Commission on Adjudication for hearing and determination. If an issue was
never raised before the Commission on Adjudication, it is not properly before either body.
The Commission on Appeals may not issue any decision or judgment that goes beyond
questions which have been before the Commission on Adjudication.
6. Question: 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?
Response: 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,l, 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.
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Question: Is the jurisdiction of the Commission on Appeals under Bylaw 8.37 limited to disputed
cases of jurisdiction or venue? Does the third sentence of Bylaw 8.37, or any other bylaw, give
the Commission on Appeals authority to issue final and binding rulings on other matters,
including dimensions of cases that are under informal reconciliation efforts (cf., Bylaw 8.05) or
dimensions of cases not dealing with the jurisdiction or venue of a commission on adjudication?
Does the authority of the Commission on Appeals to issue rulings under Bylaw 8.37 or 8.51
supersede the authority of the Commission on Constitutional Matters to issue binding
interpretations of the Constitution and Bylaws of the Synod?
Response: Bylaw 8.37 appears in the context of two bylaws which speak of the jurisdiction of
district commissions, jurisdiction of the synodical commission and venue of district
commissions. In this context, it is clear that the decision regarding jurisdiction in Bylaw 8.37
is a reference only to the decision as to whether a matter is to be adjudicated by a district
commission or the synodical commission and if several districts are involved, which district
commission is to deal with the matter. It does not grant license to make decisions regarding
jurisdiction in wider and unlimited areas. Consequently, the Commission on Appeals does not
have authority to issue final and binding rulings based on its understanding of Bylaw 8.05,a.