# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_June 18 19 1971_S2
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

364. Current Roster Problem (Ag. 13), Designation of Official Conferences (Ag 16 ).Reinstatement (Ag.
23): Since no information had been received from the Council of Presidents on these three items, the
commission resolved to have the secretary address a communication to the council indicating our interest
in an early report and possible recommendations. It had been hoped that some bylaw recommendations on
these three subjects could be offered to the Milwaukee convention but it seems to be too late to do so.
365. Pastor Terminology (Ag. 15): No report has been received from the Council of Administrators.
366. Congregations Demitting (Ag. 19): It was agreed to remind Luessenhop to approach Wolbrecht once
again in order to get action on this item.
367. Final and Binding Nature of Board of Appeals Decisions (Ag 22): Upon invitation Dr.
Wiederaenders gave an extended explanation of the ad hoc committee's recommendation which places the
final decision in the hands of the Board of Appeals without required recourse to the convention, to the
Commission on Constitutional Matters, or to the Commission on Theology and Church Relations. In the
afternoon after further discussion the commission decided to recommend to the Floor Committee that it
seriously consider the possibility of amending proposed paragraphs 5.31 a and f (Workbook, Page 248) in
the way indicated below:
(e)

In the event that questions of interpretation of the Synod's Constitution, Bylaws, and
resolutions, or questions of interpretation of theological issues arise during any
adjudication (of appeal the board of), the commission of adjudication hearing such case
and either party to the adjudication may seek the advisory opinion of the Commission on
Constitutional Matters or the Commission on Theology and Church Relations in
accordance with the rules and regulations promulgated by the Board of Appeals of the
Synod for that purpose.

Add to proposed 5.31 f the words following:
In the event that questions of interpretation of the Synod's Constitution, Bylaws, and
resolutions, or questions of interpretation of theological issues arise during any appeal,
the Board of Appeals, at the request of either party to the appeal, shall seek the opinion of
the Commission on Constitutional Matters on questions of interpretation of the Synod's
Constitution, Bylaws, and resolutions, and shall seek the opinion of the Commission on
Theology and Church Relations on questions of interpretation of theological issues, the
opinions of which commissions shall be binding on the Board of Appeals.
368. LCUSA Appointments (Ag. 27): With respect to the question of whether the LCUSA bylaws should
say "named" instead of "nominated" Mueller reported that this article of LCUSA's constitution would be
up for revision, such proposed revision to be ratified by the Milwaukee convention. Although the revision
does not concern itself with this particular issue but rather with limitation of tenure, it was decided to hold
this item until after the convention.
369. Congregations Forfeiting Membership (Ag. 107): It was resolved to drop this item from the agenda
as outdated at the moment.
370. Seconding (Ag. 108): Luessenhop will report hopefully on this at the next meeting.
371. San Francisco Night Ministry (Ag. 109): The commission is also expecting a report from him on this
subject.