LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — February 22-23, 1991, Page 3

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bylaws shall, as a condition to continued eligibility as a member of the Synod, submit such revised or
new constitution and/or bylaws to the district president... Upon favorable action by the district board
of directors, the congregation shall be notified that the changes are acceptable to the Synod and that
the congregation is entitled to continue to function as a member of the Synod in good standing under
the new or changed constitution or bylaws." While this matter is taken seriously, the Commission
nevertheless notes the following:
2.

If congregations have become and are members of the Synod, they must have been admitted
under an approved constitution.

2.

Congregations who modify their constitutions must have them approved before they may function
under them.

2.

An assumption that congregations are not operating under an approved constitution is not
sufficient to deprive the congregation of its vote. The fact that it is operating under such an
unapproved constitution must be substantiated.

2.

Even such action does not automatically disqualify the congregation. It must be dealt with in an
evangelical manner, that is, it must be given the opportunity to be convinced that it is acting
improperly and to correct any wrong action.

2.

Restricted status for a congregation is no more automatic than it is for an individual member. In
fact, it is interesting to note that Bylaw 2.23, in regard to restricted status, speaks only of
restricted status for individual members, not congregations. It would seem that a congregation
would have to be suspended (Bylaw 2.25) and this would only be done by the district president in
accordance with Bylaw 2.27,a,b. It is only under Bylaw 2.27,c that the possibility of restricted
status might occur and even that is questionable since the reference there is to Bylaw 2.23, which,
as noted above, refers only to individual membership.

2.

It would seem that the only way a congregation could be removed and thus be disenfranchised
would be through the adjudicatory process.

2.

It is worthy of note that Bylaw 2.29, if it applies also to congregations, states that, "During the
period of suspension a member shall not be relieved of any rights under the Constitution and
Bylaws, but an individual member ...” In view of this, until a final decision has been made in
adjudication to expel a congregation, it cannot be deprived of its right to vote.

58. Eligibility of Vice Presidents for Additional Terms (Ag. 1908,A-B): The Commission had been
asked by presidents of several districts to rule on the question of whether persons who had served the
eligible number of terms in one vice presidential position in the district would be eligible to serve in a
different vice presidential position if elected. After considering the question, the Commission decided to
respond as follows:
The Commission on Constitutional Matters has concluded that if the requirements and responsibilities
of two vice presidential positions are indistinguishable from each other, terms served by a pastor in
vice presidential positions are to be considered cumulative. Thus, for example, if all vice presidential
positions are advisory and the only difference between the various vice presidential positions is that
of succession, service in any of the positions is to be considered cumulative. If, however, the situation
is such that the position of first vice president includes that of voting membership on a board of
directors of the district, this would be considered a different position than that of other vice presidents
of the district who would be advisory, not voting members of the board of directors.