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

Ov. 9-52

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

WHEREAS, The C onstitution 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 t he 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 a ll 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.

Huntington Woods Huntington Woods, MI