# LCMS Convention Proceedings_St. Louis Missouri_1973_S175
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

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RESOLUTIONS 175

To Decline Referenda
RESOLUTION 5-41

Report 5-02, II, Overtures 5-97, 5-98
(CW, pp. 209, 239—240)

Wuereas, The Commission on Constitutional Matters
has unanimously recommended that the question of the
constitutionality of the congregational referenda must
be answered in the negative; and

Wuereas, The Milwaukee convention (Proceedings,
1971, p.168) gave the Council of Presidents the assign-
ment to study referenda in the context of Milwaukee
Overtures 5-41 and 5-42; and

Wuereas, The Council of Presidents cited the 1969
opinion of the Commission on Constitutional Matters
in its recommendations; and

Wuereas, The opinion rendered by the Commission
on Constitutional Matters was studied by this New Or-
leans convention floor committee; therefore be it

Resolved, That the use of referenda be declined.

Action: None. Referred under omnibus Res. 4-47 to
the Board of Directors.

To Decline to Limit Binding Nature
of Opinions of Commission on Constitutional
Matters and to Authorize Selective
Publication

RESOLUTION 5-42

Overtures 5-86A, 5-86B, 5-86C, 5-87A, 5-87B
(CW, pp. 237—238)

Wuereas, The opinions of the Commission on Consti-
tutional Matters are binding in respect to the questions
decided (Bylaw 2.107 e, Handbook, p. 63); and

Wuereas, Some of its opinions are of general interest
and may affect the decisions of the various boards,
councils, and commissions of the Synod, and others are
personal and should be kept confidential; therefore be it

Resolved, That the opinions of the Commission on
Constitutional Matters continue to be binding unless
overruled by the Synod in convention; and be it further

Resolved, That the Commission on Constitutional
Matters be encouraged to [publish] such of its opinions
which it deems of general interest and effect in carrying
out the work and administration of the Synod.

Action: None. Referred under omnibus Res. 4-47 to
the Board of Directors.