Nov. 4, 1999
Greetings Cyberbrethren:
During its most recent meeting, the Synod's Commission on Constitutional Matters made an important ruling re: a matter that is often misunderstood and consequently misrepresented in the Synod, namely, the meaning of the statement in the Missouri Synod's Constitution, "With respect to the individual congregation's right of self-government it is but an advisory body. Accordingly, no resolution of the Synod imposing anything upon the individual congregation is of binding force if it is not in accordance with the Word of God or if it appears to be inexpedient as far as the condition of the Synod is concerned." (Article VII -- Synodical Constitution).
This clause from Article VII of the Synod's Constitution has been used to suggest that no doctrinal resolution is binding on a congregation of the Synod if that congregation does not want to accept it. However, this is not what Article VII is saying. The Synod's Commission on Constitutional Matters points out that Article VII of the Constitution is not referring to doctrinal resolutions of the Synod, but resolutions that do not pertain to matters of doctrine.
I am aware that some congregations and members of the Synod have been informed by various parties and sources that the Synod is "merely advisory" and therefore even in doctrinal matters the Synod's resolutions are merely advisory, and not binding on members of the Synod (members are rostered church workers and congregations). This is completely and totally wrong.
Here is the important CCM ruling:
57. Questions Re. Rights of Individuals and Congregations (99-2157)
2. What does the phrase "inexpedient as far as the condition of the congregation is concerned" mean and how is it applied in matters relating to the right of self-government of LC-MS Congregations?
Response to Question 2: The phrase in question is taken from Article VII of the Constitution of the Synod, which states:
In its relation to its members the Synod is not an ecclesiastical government exercising legislative or coercive powers, and with respect to the individual congregation's right of self-government it is but an advisory body. Accordingly, no resolution of the Synod imposing anything upon the individual congregation is of binding force if it is not in accordance with the Word of God or if it appears to be inexpedient as far as the condition of the congregation is concerned.
It should be noted that the second sentence of Article VII states, "no resolution of the Synod" (emphasis added). It does not speak of the Constitution or Bylaws of the Synod. "The right of a congregation to exercise the right of expediency (Bylaw 1.09b) applies only to resolutions of the Synod and not to the Constitution and Bylaws" (1969 Res. 5-23).
Bylaw 1.05, d, elaborates on the principle set forth in Article VII:
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 recision. 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."
Source:
LCMS Commission on Constitutional Matters
Minutes from the Meeting of September 14, 1999
pg. 46-47
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Rev. Paul T. McCain
paul.mccain@lcms.org
Assistant to the President
The Lutheran Church--Missouri Synod
Mailing address:
The Lutheran Church--Missouri Synod
International Center
1333 South Kirkwood Road
St. Louis, Missouri 63122
USA
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