REFLECTIONS ON THE CONSTITUTIONS

When was the last time that you took the time to carefully read your congregation’s constitution and bylaws? You may have been given a copy of that document, or even had to sign it, when you became a Communicant Member of your congregation. Think back. When was the last time your congregation’s constitution and bylaws were the focus of discussions? Did those discussions arise out of conflicts within your congregation? Were there disagreements as to authority or power behind those discussions? Have you ever encountered the argument that your congregation’s constitution and bylaws stood as obstacles to “getting ministry done” within your congregation? Perhaps a better question is this: If someone was to watch your congregation at work, would they get the impression that your congregation puts more trust in rules, forms of organization, corporate structure and the like than it does in the power of God’s Word and the sacraments?

I ask these questions to encourage you to stop and reflect on the corporate life of your congregation and to consider whether or not that visible life of your congregation properly reflects the Gospel. Focus particularly on your congregation’s constitution and bylaws. What do these documents teach?

Before we look specifically at the Preamble clause of the constitution for a local congregation, we must consider some fundamental doctrines from the Scriptures.

First of all, the church is truly only those with saving faith in the vicarious satisfaction of Christ Jesus. Seminary professor and President of the Missouri Synod during the late 19^th and early 20^th centuries, Dr. Francis Pieper said this quite clearly, as follows:

“The Christian Church consists of all those, and only those, who believe in Christ. Since, however, an anti-Scriptural meaning is today given the words ‘believe in Christ,’ we must make our definition more specific and say: The Christian Church is composed of all those, and only those, in whom the Holy Spirit has worked the faith that for the sake of Christ’s vicarious satisfaction their sins are forgiven.”[1]

“Since man by nature is inclined to imagine that mere outward affiliation with a church secures his salvation, the great practical importance of ever defining the Church as the communion of believers, or saints, and not as an ‘institution,’ an outward polity (externa politia), is manifest.”[2]

A congregation threatens its very definition if it considers itself simply another institution formed by the world or the decisions of men.

Since the church consists solely of those with saving faith, it must also be viewed as only the work of God, and not men. Dr. Pieper also stated:

“Because the faith which makes man a member of the Christian Church is wrought and sustained solely by God’s grace and power (Eph. 1:19-20; 1Pet. 1:5; John 1:13), Scripture stresses in particular that the Church is neither entirely nor in part the work of man, but solely God’s work and product.”[3]

People are only instruments used by God in His work of forming, sustaining and preserving His Church, and that is true “only in so far as they proclaim and teach the Gospel”.[4]

Scripture teaches that only our Lord knows with certainty whether saving faith is present. Such faith essentially invisible to man. Nevertheless, the true Church can be seen. Historically, the Lutheran church has referred to the means by which we distinguish and recognize true churches as their “marks”. The marks of a true visible church are “the pure preaching of God’s Word and the administration of the sacraments according to Christ’s institution.[5] Therefore the work of the local congregation to preach and teach the Gospel and administer the sacraments correctly. The church has no other power or authority. Her task is to divide God’s Word rightly and to distinguish the Law from the Gospel properly.[6]

Lutherans have always emphasized that the visible Church on earth includes unbelievers within her fellowship. In His parable of the wheat and tares (Matt. 13:31-34), the Lord forbids us to attempt to sort these unbelievers out from true believers. That He will do at the last judgment. A local congregation may have unbelievers as members. Nevertheless, the Lord uses the local congregation to form, sustain and preserve the true Church, the Church of believers known only to Him. He does this work as the preachers and members of the local congregation proclaim the Gospel. In fact, local congregations serve the Lord of the Church “only in so far as they proclaim and teach the Gospel.”[7] That is why it is so critical for a local congregation to be “the assembly of believers who congregate about Word and Sacraments at a particular place.”[8]

When formulating a constitution or bylaws, a congregation faces the grave danger of constructing documents wherein the Law overrides the Gospel.[9] In so doing, the congregation fails to fulfill its God given responsibility.

With these thoughts in mind, consider the following examples of Preamble clauses to the constitutions of local congregations:

Preamble: Alternative One

It is the will of Lord Jesus Christ that His disciples should proclaim the Gospel to the whole world (Mark 16:16, Matthew 28:18-20, Acts 1:18). That Christ’s mission for this Church might be carried out according to His Will, He has commanded that Christians unite in worship (Hebrews 10:24-25), practice fellowship with one another (Acts 2:42), witness to all people (Acts 1:8), help each other grow in grace through Word and Sacraments (Matthew 28:19, Ephesians 4:11-14), serve the needs of all people in Christian love (Mark 10:42-44, John 13:35, Galatians 6:10, Ephesians 4:7-16), administer the Office of the Keys (John 20:21-23, Matthew 18:15-20), and maintain decency and order in the Church (1Corinthians 14:40).

Therefore, we the members of Local Lutheran Congregation of Certain City, Texas, set forth this present document, and accept and subscribe to the following Constitution and Bylaws in accordance with which all spiritual and material affairs of all Congregations shall be governed.

Preamble: Alternative Two

As Christian people, we should be led and fed daily by God’s Word in our individual lives (Psalm 119:105; 1Peter 2:2). But the tasks before us are greater than one individual Christian can accomplish (Matthew 28:18-20; John 20:21-23; Ephesians 4:11-14; Hebrews 10:23-25).

Therefore, we the members of Local Lutheran Congregation of Certain City, Texas, have voluntarily joined together for Christian worship, fellowship, and work. In so doing, we follow the teachings of Christ, the example of the Apostolic church and the example of out forefathers.

For the sake of Christian order (1Corinthians 14:40), we hereby adopt and subscribe to the following Constitution and Bylaws according to which all spiritual and material affairs of our Congregation, shall be governed and conducted.

Preamble: Alternative Three

The people of Local Lutheran Congregation of Certain City, Texas, are God’s own sheep, who hear the voice of the Good Shepherd and follow after Him (John 10:16) . For this reason, we continually gather to where Christ has promised to be found and received, namely, in the proclamation of the Holy Gospel and in His holy sacraments. Through these means of salvation, we received God’s gift of forgiveness, spiritual life, eternal salvation, and the empowerment of the Holy Sprit John 17:20; Romans 10:17; Acts 2:38-39; Titus 3:5; Matthew 26:27-28).

That the Holy Gospel may be proclaimed in its purity and the sacraments properly administered, we have arranged this Congregations’ administrative and spiritual life according to the following Constitution and Bylaws, by which all affairs of this Congregation shall be governed and administered.[10]

Which alternative Preamble would you prefer to include in the constitution of your congregation, Alternative One, Two or Three? Now, ask yourself why you prefer one over the others.

· Which Alternative best reflected that the local congregation really consists of only the believers within the visible body?

· Which Alternative best reflected that the local congregation is formed and sustained only by the work of God?

· Which Alternative best reflected that the people of the local congregation are only instruments used by God in His Church and only insofar as they proclaim the Gospel?

· Which Alternative best reflected that the local congregation’s power is really only in the Gospel and the means of grace?

· Which Alternative best reflected that it is God who gathers the people together as the local congregation?

· Which Alternative best reflected that the church truly belongs to Christ Jesus?

· Which Alternative best reflected a celebration of God’s grace in the work of the local congregation?

· Which Alternative most relied upon the language of the Law rather than the language of the Gospel?

· Which Alternative best reflected that the local congregation is built only on a foundation of the Gospel, though it must proclaim Law and Gospel, rightly divided?

Is not the constitution of a local congregation an instrument to proclaim and teach God’s Word? Everything the local congregation says, writes, exhibits, and does or does not do, teaches something, whether or not that teaching is consistent with God’s Word. Therefore, if a local congregation is going to lift up its constitution within its membership, before new members, before the community considering membership, before the courts of this State, or even before the Internal Revenue Service, then should it not be an instrument stating a clear trust in, celebration of, and application of the Good News of salvation by the vicarious satisfaction of Christ Jesus alone? Does not the Preamble, the first clause of the typical constitution, set a “tone” for the entire document? Should not that “tone” be clearly a trust in the Gospel and not Law, whether God’s or man’s? The answer is obvious.

If the Lord permits, in future articles I plan to examine all of the normal constitutions and bylaws clauses of local Lutheran congregations. My constant questions will be: Do these clauses reflect the Gospel?

Mr. Harvey is an attorney practicing in Houston, Texas, USA, a member of Zion Lutheran Church, Tomball, Texas and the lay representative on the Committee on Constitutions and Bylaws of the Texas District, LCMS, 2001-2003. The views expressed herein are Mr. Harvey’s personal thoughts and opinions, and are not meant to represent the position of the Committee on Constitutions and Bylaws of the Texas District, LC-MS.

[2] Christian Dogmatics by Francis Pieper, D.D., Volume III, page 400.

[3] Christian Dogmatics by Francis Pieper, D.D., Volume III, page 415.

[4] Christian Dogmatics by Francis Pieper, D.D., Volume III, page 416.

[5] Church and Ministry (Kirche und Ant), by C.F.W. Walther, translated by J.T. Mueller, © 1987 The Lutheran Church-Missouri Synod, published by Concordia Publishing House, Concerning the Chruch – Thesis V, page 67.

[6] The Proper Distinction Between Law and Gospel by C.F.W. Walther, © 1929, 1986 by Concordia Publishing House. This entire volume should be considered when writing, reviewing, or evaluating a local congregation’s Constitution or Bylaws.

[7] Christian Dogmatics by Francis Pieper, D.D., Volume III, page 416.

[8] Christian Dogmatics by Francis Pieper, D.D., Volume III, page 420.

[9]Carl S. Mundinger, Ph.D., in his Government in the Missouri-Synod, © 1947, Concordia Publishing House, at pages 5-7, has an interesting discussion of Martin Luther’s concern about Kirchenordnungen in Germany during the 16^th Century. Although Kirchenordnungen included much more of the church’s life than we would normally include within our concept of “Constitution and Bylaws”, Luther’s fear of rules overriding the Gospel, and particularly the oral proclamation of the Gospel, is worth considering today, not only at the local congregation level, but also at the Synod and District levels.

[10] There samples are intended to only reflect some of the wide diversity to be found in local congregations of the LC-MS, are not intended to identify any particular local congregation, and are presented only for the sake of discussion, not criticism.