To Declare Commission on Constitutional Matters Unconstitutional and Void All Its Opinions

WHEREAS, The Constitution of the Synod controls and supersedes bylaws and all other rules and regulations of the Synod (Const. Art. XIV); and

WHEREAS, The constitution has limited Synod governance to executive (Const. Art. X, XI) and oversight powers (Const. Art. IV, XIV), specifically excluding any judicial power; and

WHEREAS, The congregations of the Synod have reserved all grants of all other powers, including the judicial power; and

WHEREAS, The Commission on Constitutional Matters (CCM) has no constitutional grant of power; and

WHEREAS, The CCM was created by the Synod in convention in 1923 by convention resolution; and

WHEREAS, The Synod in convention exceeded its oversight powers when it created the CCM by granting it judicial powers; and

WHEREAS, Congregations have limited the Synod in convention’s oversight powers, specifically, “The Synod in convention may adopt bylaws that are consistent with and do not contradict the Constitution of the Synod” (Const. Art. XIV); and

WHEREAS, The CCM exists to exercise judicial functions, being the interpretation of the Synod’s governing documents (Bylaw sections 3.9.2, 3.9.2.2) and through the publication of opinions; and

WHEREAS, The CCM acts in a judicial manner through its interpretations and reviews and the publication of its opinions; and

WHEREAS, The Synod in convention has exceeded its limited powers under Const. Art. XIV, as the CCM role, by exercising judicial powers, is not consistent with and contradicts the Constitution of the Synod; and

WHEREAS, “In relation to its members the Synod is not an ecclesiastical government exercising legislative or coercive powers” (Const. Art. VII); therefore be it

Resolved, That the CCM is unconstitutional; and be it further

Resolved, That Bylaw sections 3.9.2–2.9.2.2.3 shall be stricken;

and be it further

Resolved, That all additional references to the CCM in the Synod’s governing documents shall be likewise stricken; and be it finally

Resolved, That all opinions, and any other pronouncements, of the CCM be stricken and void.