LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 8, 1996, Page 4

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The Commission hopes these observations will be helpful to you as you deal with the issues involved. The
Commission would suggest that if the document received contains the total governing instruments, it might
be appropriate to review them on the basis of a publication available from Concordia Publishing House
entitled Guidelines for the Constitution and Bylaws of a Christian Congregation.
49. Meaning of "Clear" in Bylaw 3.928 (Ag. 2037) : The President had written to the Commission on
Constitutional Matters, indicating that some confusion had arisen and questions had been posed regarding
the meaning of the word "clear" in Bylaw 3.928, which pertains to the functions and duties of the
Commission on Worship. Of particular concern was section "b" which states "clear all literature related to
corporate Christian worship in liturgy and hymnody made available through the Synod's various boards,
commissions, auxiliaries, and recognized service organizations and through Concordia Publishing House."
It was noted that some feel that the word "clear" means that the Commission on Worship should receive
worship materials and offer its opinions to the originating entities, which may then either accept these
opinions and make the changes indicated, or not accept the opinions and proceed as they have planned.
Others feel that the word "clear" means "approve for use" and thereby the comments made by the
Commission on Worship in regard to worship materials are to be heeded and any changes required thereby
are to be made before the materials are routed out to the Synod.
Argumentation in support of the fact that the word "clear" means that the Commission on Worship's opinion
on worship materials are to be heeded and not just received as advice was first based on the definition of the
word "clear" as found in Webster's Third New International Unabridged Dictionary. There it is stated
"Clear: verb: to submit something proposed or intended to an authority for review and approval before
placing in effect. Also: to review and approve; to give approval to; to authorize."
A second argument was based upon Bylaw 15.01, d, which states in respect to amendments to the Bylaws
that they are to be "submitted to the Commission on Constitutional Matters for clearance prior to
presentation to the convention." The word "clearance" as used in this bylaw is obviously intended to be
more than simply offering an opinion that may or may not be followed. Furthermore, a reading of the
Handbook indicates that the words "review" "approve" "authorize" and "clear" are used synonymously,
indicating the same basic intention and meaning, namely, that of offering an authoritative opinion that must
be followed. The President asked that the CCM bear this in mind as it made its ruling. He requested that the
CCM indicate that the word "clear" in Bylaw 3.928 means that worship materials are to be reviewed by the
Commission on Worship and approved for use in the worship life of our Synod. If materials are not cleared,
they are to be revised and resubmitted until such time as they are cleared by the Commission.
The Commission began discussion of this matter, but did not conclude the discussion. In the process, it
recognized that the word "clear" obviously means more than simply offering an opinion. It was also noted
that when dealing with doctrinal matters, there is an objective standard against which doctrinal materials are
evaluated, namely, the Scriptures and the Lutheran Confessions. In the matter of clearance of bylaws by the
Commission on Constitutional Matters, the objective standard against which the bylaws are measured is the
Constitution of the Synod. One of the questions which arises then is whether there is a similar objective
standard against which worship materials are to be evaluated. If there is none, the matter of approval
becomes subjective, with approval being dependent upon the specific view of the reviewer or of the
Commission which exists at that time.
Since the Commission could not complete its discussion on this issue, the Secretary was asked to inform the
President that the matter was under consideration and was also asked to put together certain materials which
would assist in the discussion and to circulate them among the members of the Commission.