LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 16, 1995, Page 2

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1.

Article XII, 7, establishes a duty of the district presidents. Bylaw 4.75 provides some guidance
for the implementation of that duty. Article VII provides no relief from compliance with Article
XII, 7, and Bylaw 4.75, as noted in answer to question four. It should be noted that Article VII
provides possible relief from resolutions of the Synod which are not in accordance with the Word
of God or which appear to be inexpedient (cf. use of "applicable" in Bylaw 2.39, b) as far as the
condition of a congregation is concerned, but not from the Constitution and the Bylaws.

The Commission further notes that the expression "through proper channels" is used in describing how
district presidents (Bylaw 4.75) and circuit counselors (Bylaw 5.13, k) relate to member congregations.
A definition of "proper channels" is not given. However, the Scriptures identify pastors as being made
overseers of the flock by the Holy Spirit (Acts 20:28), and the constitutions of the congregations
designate an officer (usually the president) as official representative of the congregation. These twopastor and official representative-are the proper (suitable) channels (means of communication) by virtue
of their offices.
In light of the relationship of a member congregation to circuit and district as described above, it would
be assumed that the pastor and the official representative of a congregation would cooperate with the
President of the district or the counselor of the circuit in which the congregation is a member. That
assumption is strengthened by Bylaw 5.19, Relation to Nonmember Congregations: "The jurisdiction of
Circuit Counselors shall include nonmember congregations whose pastors are members of the Synod,
but for the purpose of official visits in such a congregation the consent of the congregation shall first be
secured."
Because questions of this kind arise frequently, it was suggested that this be one of the opinions of the
Commission on Constitutional Matters which would be summarized in one of the official publications of
the Synod.
3. Request for Bylaw Clarification (Ag. 2013) : A series of questions had been received from a lady
whose excommunication had been challenged and had been heard by a Dispute Resolution Panel some time
previously. Apparently part of the agreement was that the pastors who were involved in the matter were, in
her opinion, still teaching the same things they had taught previously and which had been related to the
excommunication, in spite of the fact that they had signed "a reaffirmation of commitment to The Lutheran
Church—Missouri Synod doctrinal positions."
The Commission had considered the questions which had been forwarded and after having done so, decided
to respond as follows:
On June 8, 1995, you addressed a number of questions to the Commission on Constitutional Matters.
The Commission first wishes to apologize for the delayed response which is due largely to the
intervening activities of the synodical convention.
After reviewing the questions posed in a meeting held on September 16, 1995, the Commission first
noted that the Bylaws clearly state that the Commission is to "interpret the Synod's Constitution,
Bylaws, and resolutions upon the written request of a member (congregation, ordained or
commissioned minister), official, board, commission, or entity of the Synod" (Bylaw 3.905, d). On the
basis of this bylaw, unless the Commission is mistaken regarding your status, the Commission does not
believe it is appropriate to provide a response. The Commission would also note that if the matters to
which you refer are before a Dispute Resolution Panel, the questions must be forwarded through the
Panel which shall determine the wording of the question(s) Bylaw 8.21, i.