# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_August 13 14 1976_S3
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

108. Vicar and Delegate Election Proceedings (Ag 1066): Counselor J.D. Sprick of Haven, Kansas had
inquired whether a vicar could participate in the process of electing synodical convention delegates. The
Secretary had replied in the negative. The Commission ratified this reply.
109. President Lieske Comments (Ag. 1040): Since it had been reported to the Board of Directors by its
representatives that President Martin Lieske had made very critical comments about the CCM in his
presidential address to his District convention, Secretary Mueller had written under date of July 21 to
President Lieske, asking for an exact copy of his remarks. Since no reply had been received from
President Lieske, the Commission resolved to inform him that the Commission has met and wonders
when it may expect a reply from him.
110. Legality of Certain District Conventions (Ag 985, 985-A, 996, 996-A, 1017): The Commission took
up again its tentative draft from the previous meeting of an opinion answering requests from several
different sources regarding the legality of the California-Nevada, Oklahoma, and New England District
conventions in view of the fact that these conventions had seated ineligible individuals as voting
delegates. After amending this draft the Commission adopted it (attached to the minutes) and resolved
that it should be published in The Lutheran Witness.
111. Ohio District Resolution re Gerald Miller (Ag 1022; 1019): Rev. Carl Nelson of Painesville, Ohio
had asked for a constitutional opinion on Ohio District convention Resolution 7-11, dealing with the
calling and ordination of Gerald Miller as a pastor in Gethsemane Church, Columbus. The Commission
resolved to reply as follows:
1.

The Commission on Constitutional Matters has affirmed many times the right of a congregation
to call its own pastor, but that if it calls a pastor not properly endorsed by the Synod it forfeits
its synodical membership (Bylaw 4.01).

2.

Only the Synod (not a District) sets the requirements for its recognized pastoral ministry.

3.

A District does not have the right to affirm the action of a congregation which violates the
Bylaws of the Synod in which the congregation holds membership.

The Commission also took note of a carbon copy of a letter from Pastor Nelson to President Arthur
Ziegler on this matter (Ag. 1019).
112. District President's Ruling on Bylaw 4.01 (Ag. 1027): Rev. M. H. Lehnhardt had written to the
Secretary, stating that at the Southern District convention the District president had ruled that Bylaw 4.01
did not apply in a certain situation because of confessional reasons. The Secretary had written, asking
whether Pastor Lehnhardt was asking an opinion of the Commission. No reply had been received.
Therefore, after discussing the matter for some time, the Commission decided to hold this item on its
agenda. It had come to the tentative conclusion, if the facts are as stated, that a District president certainly
does not have the right to rule a bylaw unconstitutional and that a District president does not have the
right unilaterally to declare an action of a synodical convention (in adopting Bylaw 4.01) contrary to the
Lutheran Confessions and therefore null and void.
113. Southern District Board of Directors Actions (Ag 1010): The same pastor had also sent excerpts
from the District Board of Directors' minutes which showed the adoption of several resolutions regarding
the affirmation of the ministry of Seminex pastors in the Southern District and had asked for reactions.
The Secretary had called his attention to the many, many rulings and opinions of the CCM during the past
two years on these and related subjects. The Commission ratified this reply.