LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — March 7,1997, Page 3

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was felt by some that this was an improper mixing of functions. The Board of Directors of the Synod had
asked the Commission on Constitutional Matters to clarify this entire process.
In responding to the concerns and the request, the Commission offered the following opinion:
The Commission on Constitutional Matters recognizes the validity of the concern regarding the relation
of the Commission to the development and clearance of proposed amendments. It also recognizes the
very valid concern of maintaining the proper separation of the spheres of responsibility of those who
prepare legislation and those who have the "judicial" responsibility of determining the constitutionality
of proposed legislation.
In view of these very legitimate concerns, the Commission, while not proposing specific legislation,
believes that it is proper to provide conceptual directions which may be shared with others. One such
conceptual direction might be to urge the convention to direct the Board of Directors, following Bylaw
15.01, 2, to remove the apparent contradiction between Bylaw 3.905, a, and the "submit" and
"clearance" requirements of 15.01, a, by additional wording or substitute wording. The problem
revolves around the fact that Bylaw 3.905, a, requires the Commission on Constitutional Matters to
"examine all reports and overtures to the Synod asking for amendments to the Constitution and Bylaws
of the Synod or which in any manner affect the Constitution and Bylaws, to determine their agreement
in content and language with the Constitution and Bylaws of the Synod" while Bylaw 15.01, d, requires
that amendments to the Bylaws be "submitted to the Commission on Constitutional Matters for
clearance.”
During discussion the Commission also recognized the possibility of proposed amendments arising
after reports and overtures are made available to the Synod through the Convention Workbook and even
initial issues of Today's Business. Perhaps a Special Standing Rule governing such instances, as well as
those which arise during the course of a convention, could be proposed which would assure that all
proposed amendments, no matter when and how they arise, will be examined by the Commission on
Constitutional Matters "to determine their agreement in content and language with the Constitution and
Bylaws of the Synod" (Bylaw 3.905, a; 15.01, 1, d). This might also involve the requirement that a
question regarding whether or not a proposed constitutional or bylaw amendment has been examined by
the Commission on Constitutional Matters be asked publicly when such matters are placed before the
convention for consideration.
90. Relation of LCMS Foundation and LCEF to Districts (Ag. 2059): A district president had raised a
number of issues regarding The Lutheran Church-Missouri Synod Foundation and LCEF in its relation to
the districts. Specific concern seemed to revolve around the relationship to a Gifts Planning Counselor of
the foundation being located in the district, and the authority of the district in relation to such a person, as
well as to a representative of LCEF. The Commission carefully reviewed each of the questions which were
posed in relation to the Bylaws and responded as follows:
In your first question you asked, "Is the District in a position to decline having a Gifts Planning
Counselor located within the geographic area of the District, even though this individual is not
financially supported by the District? Or looking at it in another way, does an entity of the Synod have
the right to act arbitrarily of a District's wishes?"
Responding to your question, the Commission would first note that the district is the Synod in that
place. Consequently, the functions and relations of The Lutheran Church-Missouri Synod as defined in
the Handbook are the same to the district as they are to the Synod. While reviewing these functions and
relationships, the Commission noted that the Foundation is a separate corporation established by the
Synod to carry out its work "synod wide" and "throughout the Synod," characteristics of its functions