# LCMS Commission on Constitutional Matters Minutes_St. Louis Missouri_August 13 14 1976_S10
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

8/13/76

Opinion re Legality of District Conventions
and Circuit Meetings Involving Ineligible Participants
Questions have been raised regarding the legality of actions taken by District conventions and
circuits after seating ineligible persons as delegates.
The Commission on Constitutional Matters reiterates its earlier opinion of December 12-13,1975,
issued and published well before any District convention:
"The Commission on Constitutional Matters has been asked to rule on the delegate status of
uncertified Seminex graduates.
Since individuals who have not met the requirements for admission to the pastoral ministry of the
Synod set forth in the Constitution and Bylaws of the Synod are ineligible to be received as
clergy members of the Synod or to serve as pastors of member congregations of the Synod, it
follows as self-evident that they are also ineligible to serve as voting or advisory pastoral
delegates to synodical and District conventions."
The Commission holds that the contrary actions of the presidents and conventions of the Districts
involved are a violation of the Constitution and Bylaws of the Synod.
These improper and unconstitutional actions place in jeopardy actions of the convention, elections,
subsequent actions of the District Board of Directors, and the like. At the present time it appears that this
may be a legal question to be determined in the several states by local legal counsel or by the courts.
It should also be kept in mind that any expenditure of. District or synodical funds under these
circumstances may expose the persons expending such funds or authorizing such expenditures to personal
liability.
It should also be noted that if illegally seated delegates participated in the election of delegates to
the Dallas convention of the Synod at the circuit meetings conducted in connection with District
conventions held previous to the date of this opinion, such elections are null and void. Another meeting of
the circuit will need to be held in such circuits before the deadline set in the bylaws (October 15, 1976) in
order to keep the circuit from being dis-enfranchised at the Dallas convention.
THE C0MMISSION ON CONSTITUTIONAL MATTERS
Herbert Mueller, Secretary
8/13/76

Minutes of the Commission on Constitutional Matters
September 24-25, 1976, 7:30 p.m.
Carl Eberhard opened the meeting with prayer in the Secretary's office. All members were present. The
minutes of August 13-14, September 1, and September 16 stood approved as submitted. The Secretary
brought the members up to date with the latest agenda additions.