# LCMS Convention Workbook_St. Louis Missouri_1973_S204 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) CONSTITUTIONAL MATTERS 203 On the constitutionality of the present administration of deaf missions under Denver Res. 1-18A On the involvement of pastors who have accepted a call to another circuit in the election of delegates On the number of persons a congregation may nominate for a college presidency On the convention status of associate and assistant pastors On the eligibility of an 18-year-old to serve as a delegate to a synodical convention On LCA and ALC congregations participating fully in the joint operation of a parochial school On the status of women teachers in the nominating process On the selection of teacher delegates On the extent of the report on nominations for President and First Vice-President IV. Recommendations A. Roster Bylaws and Reinstatement Provisions. Since 1966 the Commission on Constitutional Matters has been wrestling with the problem of the continuing eligibility of pastors and teachers for inclusion in the rosters of the Synod and the related problem of reinstatement provisions. After years of study and trial also on the part of the District presidents the commission is now ready to offer recommen- dations for more detailed Bylaw provisions. These are in- corporated in a separate overture to the convention. B. Pastor and Teacher Conferences. The limitations on the right to submit overtures which the synodical convention adopted in Denver have called attention to the necessity of defining more accurately official pastor and teacher confer- ences, Bylaw proposals formulated especially by the Council of Presidents are being submitted to the convention by means of an overture from the commission. C. Better Election Procedures. The last convention in- structed the commission to develop better election proce- dures for recommendation to the New Orleans convention and for implementation perhaps already at that convention. An overture is being presented in response to that directive. THE COMMISSION ON CONSTITUTIONAL MATTERS Herbert Mueller, Secretary Exhibit A An Opinion on Presidential Authority The New York and New Jersey pastoral conferences of the Atlantic District have asked the Commission on Consti- tutional Matters to render an official opinion on the follow- ing questions: 1. Does the duty of the President of the Synod to supervise the doctrine and the administration of the Synod as outlined in the Constitution. Article XI A & B, and Bylaws 2.27 give the President the authority and power to alter, cancel, reverse, or nullify the decision of the board of control of one of the Synod's colleges or seminaries or the decision of any other board of the Synod? 2. May the President by executive order cause an adminis- trative employee of the Synod to take an action which is in con- flict with a decision of the board to which the employee is re- sponsible? The Commission has examined the premises in the two paragraphs above and finds that contrary to the implications of the conference resolutions there seem to have been no instances, at least in recent times. in which the President of the Synod took action to “alter. cancel, reverse. or nullify the decision” of any board of the Synod or to “cause an administrative employee of the Synod to take an action which is in direct conflict with a decision of the board to which the employee is responsible.” Such assertions are highly subjective and interpretive. It has been the consistent policy of the Commission on Constitutional Matters not to rule on cases which are either hypothetical or by their nature imply guilt through a mis- statement or mis-interpretation of the facts involved. Furthermore, it should be noted that the request merely refers to “a decision of the board of control” but it is not specified what that decision may be. The “decision of the board of control” may be merely one of a minor administrative matter or, on the other hand. the “decision of the board of control” may be one of change of doctrine shaking the very foundation of Lutheranism as held dear by The Lutheran Church — Missouri Synod and as enunciated in Article II of the Constitution of the Synod. The foregoing illustrates the point that the questions posed are very broad. * * * Nevertheless, since the questions posed above are being raised by others also, we make answer as follows: 1. That it is the opinion of the Commission on Constitu- tional Matters that the Constitution and the Bylaws of The Lutheran Church — Missouri Synod give to the President of the Synod exceptionally broad responsibilities and cor- respondingly broad authority. 2. That while the ordinary day to day responsibility not only for administration but also for doctrine rests also with other officials. boards, and commissions created in the course of time by the Synod, the Synod has never repealed the broad responsibility and authority vested in the presidential office. but instead the Synod appears to have increased those powers from time to time. It is therefore conceivable that the President, acting in accordance with the appropriate Articles of the Constitution and Bylaws of The Lutheran Church — Missouri Synod, may exercise his pastoral judgment to in- tervene in situations which, in his estimation, are so impor- tant that the exercise of his ultimate constitutional respon- sibility is required. 3. That when a synodical President feels impelled to ex- ercise that responsibility it is clearly understood that his action is always subject not only to the regular appeals procedures involving the commissions of adjudication and the Board of Appeals, but also to approval or disapproval, to ratification or recission, by the convention of the Synod. 4. That if the Synod does not wish to have such authority reside in its President then it is the opinion of the Commis- sion on Constitutional Matters that the Constitution will need to be amended to limit the authority of the President. Procedures for amending the Constitution are detailed in Article XIV. Ture ComMMISSION ON CONSTITUTIONAL MATTERS Herbert Freise Donald Prevallet George Sommermeyer Elmer Luessenhop, Chairman Herbert Mueller, Secretary W. Harry Krieger, Advisory 5-02 Report of Committee on Organization The Committee on Organization worked with the prin- ciple that faith produces works of service and ministry, and that such services develop channels or forms in an expand- ing and versatile church body such as The Lutheran Church — Missouri Synod in its efforts to develop a variety of gifts and ministries. The Synod had the same principle in mind as it periodically reviewed its constitutional principles in order to gear itself for future action. Major constitutional revisions were made in 1853, 1864, 1911, 1917, 1924, 1947, and 1959. This demonstrates that the Synod has endeavored to preserve the best of its constitutional heritage, but at the same time has looked at the contemporary and attempted to anticipate future needs. Thus it has adopted both minor and major constitutional revisions throughout its history. The last major adaptations to contemporary needs were adopted upon the recommendation of the Synodical Survey Commission which was at work from 1956 to 1962. More than 10 years have elapsed since that time, and the Synod has had an opportunity to test and reflect upon the changes made. It has seen further rapid changes in its social environment, moving through the boom of the 1950s into the activistic 1960s, and now finds itself in the realism of the 1S70s and with the uncertainties of the 1980s still before us. One of the major weaknesses, however, in retrospect, has been the fact that in many of the previous constitu- tional and Bylaw revisions, the conventions at times fol- lowed a “smorgasbord” approach by selectively adopting some revisions and declining others. This has produced inconsistencies and ambiguities. For this reason the 1969