LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 25, 1997, Page 2

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The President is required to see that aforementioned act in accordance with the Constitution of the Synod.
He must admonish "all who in any way depart from it." If such admonition is not heeded, he must report
such cases to the Synod.
Article XI, B, 3, provides that 'The President has and always shall have the power to advise, admonish, and
reprove. He shall conscientiously use all means at his command to promote and maintain unity of doctrine
and practice in all the Districts of the Synod."
The synodical Bylaws likewise speak to the issue of presidential power. The President is identified as the
"chief executive officer of the Synod" (3.101, a). The President must visit Synod's educational institutions
and receive reports from the district presidents " . . . in exercising supervision over the doctrine taught in the
Synod and over the administration of the officers and employees of the Synod" (3.101, b).
Bylaw 3.101, h, specifically addresses the relationship between synodical staff and the President. The
President remains "ultimately responsible for the- day-to-day supervision of the synodical staff. Such
supervision shall be in accordance with the Constitution, Bylaws, and resolutions of the Synod, and in
accordance with the decisions of the boards and commissions under which the executives serve and of the
Board of Directors of The Lutheran Church-Missouri Synod."
Under 3.103, a, "The President shall upon request, or in the exercise of his office, give counsel and advice
to those who are under his supervision."
The issue of presidential authority in unforeseen circumstances is dealt with in Bylaw 3.103, C. 'In the event
that the affairs of the Synod require the exercise of executive power for a purpose for which there is no
specific directive of the Synod, he shall be authorized to exercise such power after consultation with the
Vice-Presidents, the Board of Directors of The Lutheran Church—Missouri Synod, the Council of
Presidents, or the Council of Administrators, whichever in his judgment is the most appropriate."
The Constitution and Bylaws establish three types of limitations on presidential power. Article XI, A, 1,
extends a general limit on all the officers of the Synod, (including the President): "The officers of the Synod
must assume only such rights as have been expressly conferred upon them by the Synod, and in everything
pertaining to their rights and the performance of their duties they are responsible to the Synod."
A parallel provision (Bylaw 3.103, b) articulates the same limitation. The President "shall exercise
executive power when the affairs of the Synod demand it and when he has been expressly invested with
such power for such specific purpose."
The CCM agrees that the President must "assume only such rights as have been expressly conferred ... by
the Synod" and "when he has been expressly invested with such power for a specific purpose."
These provisions must not be read, however, in isolation from the remainder of the Constitution and
Bylaws. They must be considered in pari materia. Specific enabling language mandates presidential
authority in the areas of doctrine and practice. He has authority over administration of the officers and
employees of the Synod. He is expressly identified as the CEO of the Synod. The President is mandated to
be responsible to the Synod for the supervision of doctrine. While a President is prohibited from exercising
powers that have not been expressly conferred upon him, he may exercise executive powers within
framework provided by the Constitution and Bylaws. The President may, for example, exercise broad
power under the express language granting him responsibility for doctrinal supervision. The Bylaws need
not articulate every heresy or aberrant doctrine that might trigger executive action. It is implicit in the
express grant of authority in the Constitution and Bylaws to supervise doctrine.