# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_April 23 24 1970_S2
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

Presidents might receive copies. The Commission decided later that the Secretary should distribute copies
with names deleted to the Council of Presidents at its meeting in the following week. It was also resolved
to commend the Central Illinois District for the way in which it had handled the difficult constitutional
situation at the convention, as reported by Dr. Niemoeller.
114. ALC Handbook and LCA Constitution Book: The receipt of these two booklets was gratefully
acknowledged (Ag. 95 and 142).
115. Election of Convention Delegates, Bylaw 1.53: The Commission formally ruled that each
congregation in a multiple parish is entitled to a lay ballot in this matter but that a pastor of a dual or
multiple parish should cast only one ballot.
116. Fact Finding Committee: A communication was received from President Preus stating that in view
of the doctrinal unrest he was appointing a fact finding committee and requesting a ruling on two
questions:
1. Is the President acting within his constitutional rights and responsibilities in appointing such a
fact finding committee? The Commission answered in the affirmative.
2. Can it be held on constitutional grounds that such a committee is permitted to deal only with
the president of an educational institution or he executive or chairman of a board, or is such a
commit ee free to approach any member and servant of the Synod wi h questions? The
Commission ruled in the affirmative/'but pointed out that whenever the activity of the committee
goes beyond the categories listed in Article XI, B, 1−4 an attempt should be made to involve the
District President according to Article XII, 7 (but see also 5.31a, last six lines).
The Commission decided to add the concluding paragraph: "The Commission would remind you that it
rules only on the constitutionality of the matters coming before it and does not take a position on the
merits of such matters." (Ag. 147),
117. Advisory Pastor Eligible for Election to District Board of Directors: The commission formally
approved this opinion which the Secretary had given during a telephone call from Pastor Coyner,
chairman of the Nominating Committee, Southern District (Ag. 143).
118. Eligibilit of Emeritus Pastor for District Board of Appeals: It also approved the affirmative answer
that the Secretary had given in the same conversation regarding this question (Ag. 144).
119. Full Time Secretary: The members received an excerpt from the November 2, 1962 minutes of the
Commission giving Dr. W. C. Birkner's favorable views on a full time Secretary (Ag. 145).
120. Lutheran Church-Canada: Mr. Ross Merklinger of Waterloo, Ontario, a member of the Board of
Directors of Ontario District, had asked whether it would be constitutional to require a 65% affirmative
vote for action on the part of the Lutheran Church-Canada in deciding the question of becoming an
autonomous body? The Commission decided to reply that it is not acquainted with the constitution of the
Lutheran Church-Canada; that, however, if there should be any conflict between that constitution and the
constitution of the Synod, the latter must prevail, and that constitution states that "all other matters" are to
be decided by a majority vote; the Commission has already ruled that this means a simple majority, and
therefore a 65% vote cannot be required (Ag. 146).
121. Preamble: Dr. Martin Kretzmann had inquired whether the Preamble is considered a part of the
Constitution of the Synod? The Commission ruled affirmatively (Ag. 96 and 134).