LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 14, 1999, Page 4

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Congregations together establish the requirements of membership in the Synod (Art. VI). In joining the
Synod, congregations and other members obligate themselves to fulfill such requirements. Members agree
to uphold the confessional position of the Synod (Art. II) and to assist in carrying out the objectives of the
Synod (Art. III), which are the objectives of the members themselves. Thus, while congregations of the
Synod are self governing (Art. VII), they, and also individual members, commit themselves as members
of the Synod to act in accordance with the synodical Constitution and Bylaws under which they have
agreed to live and work together and which the congregations alone have the authority to adopt or amend
through conventions.
Bylaw 1.09, addressing the topic of doctrinal resolutions and statements, provides:
The Synod, in seeking to clarify its witness or to settle doctrinal controversy, so that all who seek to
participate in the relationships that exist within and through the Synod may benefit and may act to benefit
others, shall have the right to adopt doctrinal resolutions and statements which are in harmony with
Scripture and the Lutheran Confessions.
Regarding such doctrinal resolutions, Bylaw 1.09, b, states, “Such resolutions come into being in the same
manner as any other resolutions of a synodical convention and are to be honored and upheld until such time
as the Synod amends or repeals them.” As to doctrinal statements, Bylaw 1.09, c, 7, states, “They shall be
honored and upheld (“to abide by, act, and teach in accordance with” [1971 Res. 2.21]) until such time as
the Synod amends or repeals them.”
This relation of the Synod to its members, where its resolutions are concerned, is further defined in Bylaw
2.39, a-c:
a. The Constitution, Bylaws, and all other rules and regulations of the Synod apply to all congregations
and individual members of the Synod….
b. The Synod expects every member congregation to respect its resolutions and consider them of
binding force if they are in accordance with the Word of God and if they appear applicable as far as the
condition of the congregation is concerned. The Synod, being an advisory body, recognizes the right of
the congregation to be the judge of the applicability of the resolution to its local condition. However, in
exercising such judgment, a congregation must not act arbitrarily, but in accordance with the principles of
Christian love and charity.
c. While retaining the right of brotherly dissent, members of the Synod are expected as part of the life
together within the synodical fellowship to honor and to uphold the resolutions of the Synod. If such
resolutions are of a doctrinal nature, dissent is to be expressed first within the fellowship of peers, then
brought to the attention of the Commission on Theology and Church Relations before finding expression
as an overture to the convention calling for revision or recission. While the conscience of the dissenter
shall be respected, the consciences of others, as well as the collective will of the Synod, shall also be
respected.
What then is meant by a “congregation’s right of self-government”? Since 1854 conventions of the Synod
have refused to adopt resolutions which were thought to interfere with the “self-government” of the local
parish, explaining that the Synod “is an advisory body.” Historically, four areas of self government have
been recognized: (a) The calling of pastors, teachers, etc., from a list of those accredited by the Synod itself;
(b) The owning and maintaining of congregational property without granting any rights of it to the Synod;
(c) Church discipline; and (d) The administration of a congregation’s programming and financial affairs.
Thus, in answer to the question to the Commission, the phrase, “inexpedient as far as the condition of a
congregation is concerned,” does not refer to the Constitution and Bylaws of the Synod and is restricted to
resolutions adopted by a convention of the Synod which are non-doctrinal in nature.