LCMS Convention Workbook St. Louis, Missouri — 1975, Page 216

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216 CONSTITUTIONAL MATTERS

tion, according to Res. 5-28, did not expect the committee to
complete its work, since the resolution called for the presenta-
tion of the “recommendations to the 1975 convention, and in
succeeding conventions.” The committee, therefore, is fully
aware that, as the above report indicates, further studies and
refinements are required on the Constitution and its Bylaws,
and therefore hopes to present a further report to the Dallas
convention in 1977.

Committee for Reorganization

Aug. R. Suelflow, Secretary

App. 5-02 A

Relation of Synodical President and
District Presidents

The synodical President has the constitutionally assigned
responsibility of supervision over ‘the doctrine and the ad-
ministration of (a) all officers of the Synod: ‘b) all such as are
employed by the Synod: (c) the individual Districts of the Synod:
and (d) all District Presidents.” He is thereby made central to
all the programs and activities of the Synod, and in everything
in which the Synod is involved (Art. XI B).

While the constitutional concept of the Synod is government
by law rather than by men, the Synod has made the synodical
President its overseer to insure doctrinal and constitutional
compliance by all who serve the Synod. His position is unique
in that he cannot share these responsibilities with any board
or other agency of the Synod. He cannot pass the buck to, nor
share these responsibilities with the Board of Directors, the
Board for Higher Education, the Mission Board, or any other
agency of the Synod. His position stands apart from all of these
by reason of his unique responsibility of overall surveillance in
all areas of synodical activities. including that of all boards and
commissions established by the Synod.

In exercising these responsibilities, he is accountable only to
God and to the Synod and is not accountable to any board or
agency of the Synod. While he is charged with the obligation of
advising with and seeking the advice of the Vice-Presidents and
District Presidents of the Synod, nowhere in the Constitution
can he find a way to avoid or pass on to another his account-
ability for the exercise of these responsibilities.

In respect of his accountability, it is significant that in sub-
paragraph C of Article XI the Vice-Presidents of the Synod are
to represent the President upon his request, as stated in sub-
paragraph 1: “The Vice-Presidents shall upon the request of the
President represent him in all functions.” And in Article XII, sub-
paragraph 9 b, the District Presidents are to “submit an annual
report of their administration to the President of the Synod and,
in general, permit him to obtain all necessary insight into their
official activities as District Presidents.’ And in subparagraph
7 of Article XI B it is provided that “It is the duty of the Presi-
dent to be present also at the meetings of the Districts, to advise
them, and to report at the next session of the Synod."’ These
constitutional provisions underscore the intent of the Synod to
make the synodical President the person to whom it may look
and hold accountable for the doctrinal, constitutional, and
administrative integrity of the Synod between its conventions.

While the President of the Synod has been given this overall
supervision, he has not been made all-powerful, but has been
circumscribed and limited in the manner in which he can carry
out his supervisory responsibility. He must see to it that all under
his jurisdiction “act in accordance with the Synod's Constitu-
tion.” His power is to “advise, admonish, and reprove,” and to
“conscientiously use all means at his command to promote and
maintain unity of doctrine and practice in all the Districts of the
Synod.” These provisions clearly reflect an intent that the
President of the Synod, in exercising his supervision, shall do
so with restraint and not be dictatorial in carrying out his
responsibilities. His conduct must be pastoral and in accord with
Christian standards and, to this end, he must be patient and fair
in his dealings in order to “promote and maintain unity of
doctrine and practice. . .” (XI B 3).

It is significant that Article XI further provides that “when
business matters that permit of no delay turn up between con-
ventions of the Synod, the President is authorized to submit
them to a vote of the congregation by means of the official
periodicals.” It does not state that he shall submit these matters
to the Board of Directors or to any other agency except to the
voting membership of the Synod.

The President of the Synod is further circumscribed in his
supervisory responsibilities in that the Synod has, pursuant to
constitutional authorization in Article X, created boards and
commissions which are accountable not only to the synodical
presidential supervision but also directly to the Synod. The
Board of Directors has been made accountable to the Synod in
carrying out its constitutionally assigned fiscal responsibilities
(Article XI F). The Boards of Control have been made directly
accountable to the Synod as its agents in the administration of
their respective schools (Bylaw 6.37 a). The Board of Missions
is directly accountable to the Synod in the area of missions
(Bylaws 8.07 and 8.09). This division of authority is equally
applicable to other boards and commissions. Each, however,
continues to be under the surveillance of the synodical Presi-
dent.

Moreover, the President, in exercising his responsibilities,
may initiate action for the expulsion of members from the Synod,
but he can only do so pursuant to Article XIII of the Constitution
and in accordance with the procedures outlined in Article V of
the Bylaws of the Synod.

While it was the intention of the Synod to authorize the
President to initiate suspension and discharge of those under
his supervision, nonetheless this action must likewise be carried
out in accordance with the established synodical procedures
(Bylaw 5.13).

From the foregoing, the synodical concept of its governance
places supervision and surveillance of doctrine and administra-
tion in the synodical President, but clearly circumscribes his
exercise of these responsibilities to clearly defined guidelines.
This is equally applicable to the assigned duties and respon-
sibilities of the District Presidents under Article XII of the Con-
stitution, wherein the Synod not only reserves the right to
change the geographical boundaries of a District but makes the
Constitution of the Synod the Constitution for each District of
the Synod and provides that all officers of the District have the
same rights and duties as those outlined in the Constitution
for the officers of the Synod, but only insofar as they apply to
the District they serve and only within the boundaries of their
District (XII 6-7).

It would appear, therefore, that in the responsibilities
assigned to the District President he is but an extension of the
synodical president and, as such, is required to carry out synod-
ical resolutions in his District, submit an annual report of his
administration to the President of the Synod, and in general
permit him to obtain all necessary insight into his official activ-
ities as District President (XII 9).

While the District Presidents are given the supervision over
doctrine, life, and administration of the member congregations
and the office of the pastors and teachers in their respective
Districts, they too are circumscribed in the exercise of these
responsibilities and must follow the guidelines laid down in the
Constitution and the Bylaws of the Synod (Art. XID.

The Constitution and the Bylaws make the District Presidents
accountable to the synodical President. Although elected by
the Districts, this does not modify the concept that the Districts
are an integral part of the Synod as defined in Bylaw 3.07 e.

Synodical Bylaw 3.01 provides that ‘The Synod establishes
Districts in order to more effectively achieve its objects and carry
on its activities." And in Bylaw 3.03, in reference to the forma-
tion and realignment of Districts, the Synod has reserved to
itself the determination of “. . . whether a District shall be
formed, divided, realigned, or merged with another or other
District, or dissolved... ."

Moreover, the relationship between the Synod and its
Districts is stated in Bylaw 3.07 as follows:

a. The Synod is not merely an advisory body in relation to a

District. A District is the Synod itself performing the functions of the

Synod. Resolutions of the Synod are binding on the Districts.

And in Bylaw 3.41 the relation of the District Presidents to
the President of the Synod is defined as follows:

Each District President by virtue of his office represents the
Synod in his respective territory. He shall therefore periodically
report to the President of the Synod, and the President of the Synod
shall meet with the District Presidents at least once a year for the
purpose of counseling together regarding the work of the Synod.
District Presidents, together with the President and Vice-Presidents
of the Synod, shall form the Council of Presidents.

In these provisions, the Synod has made manifest its intention
that a District is but a geographical subdivision of the Synod for