# LCMS Convention Workbook_St. Louis Missouri_1969_S225
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

5 CONSTITUTIONAL MATTERS

(5-01)
Report of Commission
on Constitutional Matters

1. Organization

Once the necessary appointments had been made
after the New York convention, the Commission on
Constitutional Matters organized itself along the follow-
ing lines: Mr. Herbert Kuenne. chairman: Dr. Herbert
Mueller, ex officio, secretary: Pastors Elmer Luessenhop
and G. H. Sommermeyer: Mr. Gerhardt Jersild: Dr.
Paul Streufert, advisory.

The commission met at least once every quarter,
usually for a 2-day session.

Il. New York Convention Actions

The commission once again prepared a revised syn-
odical Handbook reflecting the many changes necessi-
tated by convention actions in New York. This was
done in compliance with a standing directive to the
commission.

Among the changes introduced as a result of conven-
tion action are the following: a prohibition against un-
Scriptural limitations of membership in applicant con-
gregations (Resolution 5-29), a requirement that cost
projections be attached to overtures and recommenda-
tions (Res. 4-22), bylaws for the newly created Com-
mission on Ministerial Health (Res. 4-46), the expan-
sion of the Board for Television Productions (Res.
11-01), an executive secretary for the Commission on
Social Action (Res. 9-09). a bylaw revision of the func-
tions and duties of the Commission on Fraternal Orga-
nizations (President's Report), the requirement of a re-
port to the convention on the part of the voting repre-
sentatives and standing committee representatives to
the Lutheran Council in the U.S.A. (Res. 4-41), and
new provisions for doctrinal review (Res. 2-24).

In order to implement the directive of New York
convention Resolution 2-24. the commission requested
the new Board for Doctrinal Review to develop bylaws
governing its work on the basis of the New York con-
vention resolution and its own experience.

III. Opinions and Interpretations

More and more the commission is being requested
to give opinions on constitutional questions and to in-
terpret resolutions and various paragraphs of the Con-
stitution and Bylaws in accordance with the duties
assigned to it in the Bylaws (2.107 e).

It may be of interest to the convention to know that
opinions or interpretations were given, for example, on
the following matters: on the ad hoc nature of the
Board for Convention Nominations: on the question of
lay workers serving as pastoral or lay delegates to
a convention: on the status of seminary graduates who
are denied certification by the faculty: on the ineligibil-
ity of a nonsynodical pastor to serve as a pastoral dele-

gate to a convention: on the permissibility of congrega-
tions lowering the voting age to 18: on the question of
whether the Brief Statement may be included in the
confessional article of congregational constitutions: on
self-exclusion from a congregation: on the issue of
whether a District Board of Directors has the right to
change the decision of a District convention: on length
of term of office and limitation of tenure for District
officers: on the question of individual laymen submitting
overtures to District conventions: on the issue of women
serving as voting delegates to a District convention: on
the ineligibility of a pastor for synodical membership
who refuses to sign the Constitution of the Synod: on
filling vacancies among District Vice-Presidents: on the
necessity of an applicant congregation in its constitution
to subscribe to all Lutheran Confessions listed in the
Synod's Constitution: on a conflict between the bylaws
of LCUSA and of the Synod: on the right to vote in the
circuit meeting for convention delegates: on the re-
quirement that graduates receive their first placement
through the Board of Assignments: on the impossibility
of a congregation's retaining its synodical membership
while retaining a pastor who is not a member of the
Synod: on the steps that need to be followed when an
instructor is to be charged with false doctrine: on the
necessity of conforming to the Bylaws which govern
the election of delegates to the synodical convention.

IV. Recommendations

A. Board for Convention Nominations an ad hoc
Committee. The question was raised whether the re-
striction on holding more than one or two offices applies
also to this board. The commission ruled that it did not
apply, holding that the Board for Convention Nomina-
tions is in fact a committee serving the convention in
a capacity similar to that of floor committees. To avoid
misunderstanding, the commission recommends the ad-
dition of the following paragraph to Section 2.139:

b. The Board for Convention Nominations is an ad hoc
convention committee, to which limitations on holding multi-
ple offices do not apply. (Present b becomes ¢)

B. Definition of Elective Office. In order to remove
an ambiguity, the commission recommends a revision
of Sections 2.15 and 3.35 to read as follows:

2.15 (and 3.35) Holding More than One Office

a. No one. either in the Synod or in a District, or between
the Synod and a District. shall hold more than one elective
office: or more than two offices. although one or both be
appointive: or ever hold two offices of which one is directly
responsible for the work done by the other.

b. An office shall be regarded as elective only if it is an
office filled through election by a synodical or a District con-
vention, even though a vacancy in such an office may be
filled by appointment.

c. Doubtful cases shall be decided by the President of
the Synod.

C. Removal from Office, Faculty Member. Accord-
ing to Bylaw 5.23 the Synod’s Board of Appeals has
original jurisdiction in cases in which a faculty member