# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_June 13 14 1968_S2
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

In view of this clear reference the Commission on Constitutional Matters holds that the resolution
adopted by the District convention is unconstitutional.
The congregation should be asked to include in its confessional paragraph all Lutheran symbols
listed in Article II. This would be an expression of confidence in the Synod. Furthermore, in the
unlikely event that the congregation would disapprove of any Lutheran confession upon its
translation into the Chinese, the congregation would of course always have the sovereign right to
withdraw from membership in the Synod."
138. Mission Cooperation in San Francisco: President Jacobs had also informed the Commission that a
protest had been entered against another resolution adopted by the California-Nevada District convention
on the grounds that the resolution headed "Mission Cooperation in the City" is contrary to the
Constitution of the Synod, Article VI, 2, c, "Participating in heterodox tract and missionary activities."
President Jacobs requested a ruling. The Commission adopted the following opinion:
"The Commission on Constitutional Matters holds that the synodical Constitution, its
statements, and even individual words, need to be interpreted in the light of the theology of
the Synod and its application to changing needs and circumstances.
In view of recent decisions of the Synod (e.g., adoption of Theology of Fellowship "for
reference and guidance," (New York Resolution 2-13 we feel that the support and
participation outlined in your letter are not in violation of the theology of the Synod and its
application to present needs and circumstances and therefore not in violation of the
Constitution (Article VI, 2, c), so long as such support or participation does not constitute a
denial of the Gospel and is not in conflict with the Lutheran Confessions."
139. Midland, Michigan Overture: Chairman Kuenne had advised President Prey of the English District,
in answer to a request, that a proposed overture on fellowship from a Midland, Michigan congregation
could well be received by the English District convention although the last resolved could not be
entertained since it was unconstitutional. The Commission ratified Chairman Kuenne's advice without
rendering any official opinion.
140. Majority Vote: The Secretary submitted a proposed resolution memorializing the Synod to make all
elections hereafter by majority vote instead of simple plurality, and offered documentation in support of
his request. The members will give study to the problem.
141. Conflict Between Bylaws of LCUSA and Synod: In connection with a recent case involving the
Armed Forces Commission Dr. Harms asked for a ruling as to which bylaws apply in the case of any
conflict between the bylaws of the Synod and of LCUSA. The Commission adopted the following reply:
"It is our opinion that in all matters involving theological and constitutional principles the Bylaws
of The Lutheran Church - Missouri Synod must prevail.
In those matters which involve an administrative conflict or duplication the Bylaws of LCUSA
should prevail. Any doubts about specific administrative procedures should be decided by the
Board of Directors of the Synod under the provisions of Bylaws 2.77 b and 2.89 c."
142. Right to Vote for Convention Delegate: The Secretary of the Southern District had phoned
Sommermeyer asking whether each congregation is entitled to vote in the election of the delegate to a