# LCMS Convention Workbook_St. Louis Missouri_1975_S205 # Machine transcription, uncorrected — CHI Digital Archive (demonstration) CONSTITUTIONAL MATTERS 205 On retirement actions taken by the Board of Control of Con- cordia Seminary, St. Louis On eligibility for service on the Commission of Theology and Church Relations On the definition of the word “missionary” On the ineligibility of retired pastors to serve as delegates On dissent and “in statu confessionis”’ On the ineligibility of Seminex graduates for certification, placement, and ordination On who is eligible to vote in a Circuit meeting electing dele- gates for a synodical convention On the unconstitutionality of District resolutions setting aside resolutions of the synodical convention On the meaning of unanimity in the calling of a pastor On the ineligibility of a candidate teacher to serve as a lay delegate On the eligibility of an LLTI graduate to serve as a lay delegate On the method of electing alternate delegates On the distinction between assistant and associate pastors with respect to their eligibility as delegates On the role of a District President in the election of faculty members and in the election of an institutional president On the relationship between a staff member and his board and on the right of appeal in such instances On the use of funds contributed to the District or Synod for providing financial support for Seminex That absentee ballots are not permissible at a Circuit meeting electing delegates That a Vice-President of the Synod who is the pastor of a con- gregation may serve as a pastoral delegate to a synodical convention That a District officer must belong to a member congregation of that District That a faculty cannot restrict the privileges of those appointed to the faculty by the Board of Control That reappointment, the granting of tenure, and advancement in rank constitute new contractual agreements into which new provisions can be introduced That convention delegates cannot volunteer but must be elected in the regular way On the permissibility of congregations remitting directly to the Synod instead of the District On the interpretation of Resolved 6 of New Orleans Res. 1-06 regarding functions of Mission Board and staff On the question of whether a congregation must include an antilodge clause in its Constitution On whether a woman may serve as chairman of a Circuit cabinet On the nature of a joint campus worship community On the communicant membership status of a pastor who has resigned his office On the calling rights of a congregation On the rights of the congregation in the process of electing synodical convention delegates On District jurisdiction in Tietjen case On removal of District President from office On procedures for expulsion from the Synod On the applicability of Bylaws which are changed during a contract period On 10 questions dealing with the Tietjen case On the support of suspended or deposed District officers On service credit toward a sabbatical On congregations sharing a pastor of a church body not in fellowship On the relationship between Article VII and the Synod’s minis- terial health program On the roster status of Seminex personnel (faculty and ad- ministrative staff) Since so much interest has been shown in constitutional issues during the past biennium, some of the opinions of the commission are being printed this year in an Appendix to the Workbook. IV. Recommendations A. Bylaw 1.27 ¢ (Acceptance of Overtures) The commission gave close study to the requirements of Bylaw 1.27 c, regarding the acceptance of overtures. It adopted a detailed opinion and came to the conclusion to propose a revision to the convention. See Appendix A. B. Reporting of Tally The commission is submitting a separate overture recom- mending that the reporting of tallies in elections decided upon by the New Orleans convention be incorporated in the Bylaws. C. Signing of Constitution A task force composed of representatives of the Department of Statistics, the Board of Parish Education, and the Concordia Plans, which grappled with several questions regarding the status of teachers generally and especially of women teachers, also came to the conclusion that a better device should be developed for the signing of the Synod’s Constitution. The task force requested the Commission on Constitutional Matters to take this under advisement. The commission is reacting favor- ably and is submitting an overture with respect to this problem. D. Doctrinal Statements In one of its major opinions regarding New Orleans Reso- lutions 2-12, 3-01, and 3-09 the commission recommended that the Synod establish a special task force to study the possibility -of drafting a Bylaw defining the status of doctrinal statements and the procedures for their adoption and revision. See Ap- pendix B, part IV, for the specific recommendation. E. Election of Delegates Since the present wording of Bylaw 1.53, especially section a, has caused some confusion, the commission proposes a re- wording to eliminate the ambiguities. Please see the special overture which has been submitted. F. Presidential Authority Proposed New Orleans Resolution 5-05, which had come under the omnibus resolution of the convention, was referred by the Board of Directors to the commission for study and report to the next convention. The commission decided to endorse this floor committee resolution. G. Official Conferences The Board of Directors had also referred this proposed resolution (Res. 5-29: see also 1973 Workbook. p. 235) to the commission for the same purpose. Since this proposed reso- lution gave approval to Bylaws which had been recommended to the New Orleans convention by the commission itself, the commission decided to recommend adoption of the proposed Bylaws to the Anaheim convention. H. Matters of Doctrine The Board of Directors also referred to the commission proposed New Orleans Resolution 5-03, ‘To Clarify ‘All Matters of Doctrine and of Conscience Shall Be Decided Only by the Word of God.’"’ The commission recommends adoption of this resolution. Elmer Luessenhop, Chairman Herbert H. Freise John W. Klotz Donald E. Prevallet Herbert Mueller, Secretary App. 5-01 A Opinion re Bylaw 1.27 ¢ Questions have been raised regarding the interpretation of Bylaw 1.27°c. To what extent may certain overtures be re- jected? When must they be declined for consideration? Is the Bylaw sufficiently clear? Is it in harmony with the Constitution? Or does it need to be rewritten? Basic Considerations 1. All Bylaws must be in harmony with the basic principles set forth or implied in the Constitution. Bylaws must be inter- preted in the light of these basic principles. If the language of a Bylaw does not permit an interpretation which is in harmony with the basic principles, the Bylaw must be declared uncon- stitutional.