# LCMS Convention Proceedings_St. Louis Missouri_1975_S128
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

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RESOLUTIONS 127

on Feb. 21, 1975, rendered an opinion regarding “Re.
moval of District Presidents from Office”: and

Wuereas, “An opinion rendered by the commission
shall be binding on the question decided unless and until
it is overruled by a synodical convention” (Bylaw 2.107
e); and

WuHereas, We concur in the rationale of the CCM
opinion as printed in the convention Workbook, pp. 486—
487; therefore be it

Resolved, That the Synod Support the opinion of the

Commission on Constitutional Matters and that Over-
ture 5-111 be declined.

Action: Adopted (11).

(The assembly declined to consider Overture 5-111 as a
substitute resolution and also declined to recommit Resolution
to the floor committee. The resolution was adopted, 514 to

To Decline to Limit Binding Nature
of Opinions of Commission on
Constitutional Matters and to

Authorize Selective Publication

RESOLUTION 5-09

Report 5-02, I, 16; Overtures 5-161, 5-162 (CW, p. 210,
264); N.O. Res. 5-42 (CW, pp. 443—444)
Wuereas, The Opinions of the Commission on Consti-

tutional Matters are binding in respect to the questions
decided (Bylaw 2.107 e, Handbook, Pp. 66); and

Dr. J.A.O. Preus and Dr. E.H. Happel confer

Wuereas, Some of its opinions are of Beneral interest
and may affect the decisions of the various boards,

Resolved, That the opinions of the Commission on
Constitutional Matters continue to be binding unless
overruled by the Synod in convention; and be it further

general interest and effect in carrying out the work and
administration of the Synod; and be it finally

Resolved, That Overtures 5-161 and 5-162 be declined,
Action: Adopted (12),

second resolved to read: “. - ; publish all such of its opinions as
do not violate the principle of confidentiality.”)

To Decline to Declare Certain
New Orleans Resolutions
ull and Void
RESOLUTION 5-10
Overtures 5-72, 5-177 ( CW, pp. 236, 239, 268)
WHEREAS, The New Orleans convention acted in ac-
cordance with “Roberts Rules of Order, Newly Revised”

in adopting a Standing rule to close debate by a majority
vote rather than a two-thirds vote; therefore be it

Resolved, That Overtures 5-72 and 5-177 be declined.
Action: Adopted (12),

(A motion was made to return the resolution to the floor
committee until a protest entered by an Atlantic District dele-
gate after the New Orleans convention had received a reply.
After consultation with the Parliamentarian of the New Orleans

convention, the President informed the assembly that the par-
iamentarian had answered this protest. The motion fail to
carry. After a call for the question, Res. 5-10 was adopted.)

To Retain Bylaw 4.15 (Ordinations)
RESOLUTION 5-11
Overture 5-77 (CW, p. 239)

Wuereas, Bylaw 4.15 does not conflict with Article VI
f the Constitution of The Lutheran Church—Missouri
Synod; therefore be it

Resolved, That Overture 5-77 be respectfully declined
and that Bylaw 4.15 be retained.

Action: This resolution died since it failed to receive
action before ad journment.

To Clarify Matter of
District Resolutions

RESOLUTION 5-12
Overtures 5-178A, 5-178B ( CW, p. 268)

WuEREas, Resolutions of the Synod are binding on
the Districts as a District is the Synod itself performing
the functions of the Synod (Bylaw 3.07); therefore be it