# LCMS Convention Workbook_St. Louis Missouri_1983_S311 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) APPENDIX II Constitutional Opinions (We reprint some of the more important opinions issued by the Commission on Constitutional Matters during the past biennium.) Opinion re Article VI and Article VII The commission ruled that a member of the Synod cannot appeal to and use Article VIJ of the Constitution in order to defend and justify a violation of Article VI, 2, of the same Constitution. Furthermore, in the light of Bylaw 5.25 e, the accusation described in Bylaw 5.11 [both former numbering] must be addressed to the President of that District in which the accused holds membership. Sept. 12, 1981 Opinion re Status of Pastors and Teachers Serving Nonmember Congregations In response to a question regarding the status, calls, and installation of teachers serving nonmember congregations, the commission replied: On the basis of Bylaw 1.09 a[ 1979 Handbook numbering], it is clear that pastors and teachers may serve nonmember congregations and yet remain members of the Synod. They are ordinarily members of that geographical District in which the congregation is located. The commission also sees no impedi- ment to a Christian congregation issuing calls to such indi- viduals nor to their installations being authorized by the District President involved. Sept. 12, 1981 Opinion re Decision on Canadian Seminary Training A question had been raised regarding the permissibility of Lutheran Church—Canada making the decision regarding Canadian seminary training as indicated in Res. 6-02 of the 1981 convention. The commission concluded that the convention resolution delegating that decision to Lutheran Church—Canada was not in conflict with the Constitution since the convention is the highest legislative authority. Having created the Lutheran Church—Canada, the convention has the right to determine at various times what responsibility the convention wishes to delegate to it. Sept. 12, 1981 Opinion re Convention Action on ALC Fellowship Resolution A pastor raised several questions regarding the ALC fellowship issue and the procedures connected therewith both before and during the convention. The commission resolved upon the following reply: 1. We note the language of the 1977 resolution to “ask" the CTCR to prepare a study and the language of the 1979 resolution to “urge” the CTCR to do so. The 1979 resolution, acknowledging the failure of the CTCR to produce that study before the 1979 convention, set no definite date for the com- pletion except that the study should be completed ‘tas soon as possible.” 2. It may have been regrettable that the CTCR did not complete its work at an earlier date. This admittedly made it more difficult for the congregations to respond. 3. However, the congregations did have an opportunity to react both to the report of the CTCR in the Workbook and the floor committee’s proposed resolution in the first issue of Todax’s Business. 4. Furthermore. you vourself indicate that you had the opportunity to appear before the floor committee. The fact that the committee did not adopt your position or your substitutue resolution does not negate the fact that you were indeed heard. 5. We also call attention to the detailed debate given to the resolution, to the introduction of a substitute resolution and amendments reflecting to a considerable extent your concerns, and to the attempt to have the matter reconsidered in a later session. 6. We note that the convention throughout took actions which it was permitted to take as the highest legislative assembly of the Synod. 7. So whatever circumstances may have attended this matter, the Commission on Constitutional Matters holds that the convention did not act unconstitutionally. Sept. 12, 1981 Opinion re Must a Congregation Call a Pastor? The commission was confronted with the request to rule whether it was permissible for a congregation to continue “hiring” pastoral services instead of calling a pastor, and whether a congregation which persists in this practice should not be excluded from a convention vote on the basis of Bylaw 4.01 (former numbering)? The commission resolved upon the following reply: 1. Congregations which do not formally extend permanent calls cannot be excluded from membership or from voting privileges merely on that basis. 2. The emphasis in Bylaw 4.01 is on the fact that congre- gations are to be served only by pastors who are endorsed by the Synod. 3. Where there seems to be an abuse of the obligation to call a pastor, this is a situation which requires the counsel of the District President and the Circuit Counselor. Dec. 11-12. 1981 Opinion re Action of a District Commission on Adjudication with Reference to Dual Membership and Forfeiture of Membership in the Synod The Commission on Adjudication of the English District has forwarded to the Commission on Constitutional Matters a copy of its decision regarding Atonement Lutheran Congre- gation of Florissant, Mo.. together with a covering letter, in both of which the District commission takes issue with the Synod in its decisions regarding dual membership.