# LCMS Convention Workbook_St. Louis Missouri_1975_S263
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

CONSTITUTIONAL MATTERS 263

tion of traditional authority to the administrative realities of
our day.
Hope Lutheran Church
San Leandro, Calif.
Roberta Strom, Secretary

5-155A
To Require Election of Members of
Commission on Constitutional Matters

WHEREAS, The Commission on Constitution Matters has
much power and authority between conventions of the LCMS
to interpret the Constitution and Bylaws on behalf of the Synod
(2.107 e): and

WHEREAS, Rulings of this commission are binding until and
unless overruled by a synodical convention (2.107 e): and

WHEREAS, This commission has authority to rule on all mat-
ters of interpretation of the synodical Constitution and Bylaws
(2,107), including jurisdiction over the constitutions and bylaws
of Districts and amendments to the same (2.107 g and 3.07 b, c)
and jurisdiction over interpretation of Constitution and Bylaw
questions in matters before the Boards of Adjudication and
Appeal (5.31 e, f): and

WHEREAS, These authorities and powers are necessary but
give an inordinate amount of power to a small group of people
who serve primarily as the supreme court of our church and
are presently appointed by the synodical President: and

WHEREAS, Therefore, this committee should clearly be di-
vorced from control of the administrative branch of the church
and should be clearly responsible to the larger constituency
of the Synod: therefore be it

Resolved, That Bylaw 2.107 a be amended to read:

a. The Commission on Constitutional matters shall
be elected by the delegates in convention. The com-
mission shall consist of five members, three of whom
shall be laymen, one a professional church worker,
and the Secretary of the Synod.

and be it further

Resolred. That the first election of this commission be an
order of business at the 1975 convention of the LCMS, two
members being elected for 2 years and two for 4 years.

Pilgrim Lutheran Church
Indianapolis, Ind.

Glenn Hackman, President
Theodore Mesh, Secretary

Identical or similar:

5-155B to 5-155E

Trinity, Carneys Point, N. J.
Prince of Peace, Belton, Tex.
Zion, Westwood, N. J.
University, Los Angeles, Calif.

G. E. Grimm
L. Heimsoth
N. Brinkmann
Roger Timm

35-156

To Revise Commission on
Constitutional Matters

WHEREAS, The role of the Commission on Constitutional
Matters has become increasingly important: and

WHEREAS, Many decisions of this commission are matters
of judgment: and

WHEREAS, The Handbook (2.107 a) provides for a member-
ship of only four appointed members and the Secretary of the
Synod: therefore we the Eastern District request

1) that the Handbook (2.107 a) be revised to provide for the
election of this commission:

2) that the commission membership be increased to consist
of 11 members (3 pastors, 3 teachers, 3 lay persons, and 2 Dis-
trict Presidents): and

3) that the Secretary of the Synod shall be an advisory
member.
Eastern District
Richard L. J. Hoemann, Secretary

5-157A
To Elect Commission on
Constitutional Matters

WHEREAS. The Commission on Constitutional Matters is
now appointed by the President of the Synod in consultation
with the Vice-Presidents (2.107 a): and

WHEREAS, This commission is sometimes called upon to rule
on the constitutionality of the President's actions: and

WHEREAS, The necessity for such action on the part of the
commission may well be a source of embarrassment both to
the President and to itself: therefore be it

Resolved. That Handbook 2.107 a be modified to read as
follows:

a. The Commission on Constitutional Matters shall

be nominated by the nominating committee of the

Synod and elected by the Synod in convention. The

commission shall consist of five members: one pastor,

one teacher, two laymen, and the Secretary of the

Synod. The President shall appoint one of the Vice-
Presidents as an advisory member.

Faculty

Concordia Teachers College
River Forest, Ill.

Merle L. Radke, Secretary

Identical or similar:

5-157B and 5-157C

Hope, Pompano Beach, Fla.
Trinity, Schenectady, N.Y.

Geo. Loose
A. Hawlicheck

5-158
To Restructure Commission on
Constitutional Matters

WHEREAS. The Commission on Constitutional Matters is em-
powered by the Synod’s Handbook (2.107 e) to “interpret the
Synod’s Constitution, Bylaws, and resolutions upon the request
of a member (congregation, clergyman, or teacher), official,
board, commission, or agency of the Synod. An opinion ren-
dered by the commission shall be binding on the question de-
cided unless and until it is overruled by a synodical convention”:
and

WHEREAS. The ultimate function of the commission in this
area is to serve as the ‘judiciary’ of the Synod: and

WHEREAS, Such a system of interpreting the Constitution,
Bylaws, and resolutions is necessary and should be accepted by
all: and

WHEREAS, Par. 2.107 a provides that this commission shall be
appointed by the President of the Synod in consultation with the
Vice-Presidents: and

WHEREAS. This method of selecting this commission, which
can and has ruled on the decisions of the executive branch of
the Synod, could be understood by some to be a conflict of in-
terest: and

WHEREAS, The personnel of the commission does not provide
for representation from a large section of the Synod’s member-
ship—the teachers—and also the present personnel of the
commission includes the Secretary of the Synod, who is now a
full-time official: therefore be it

Resolved. That the following changes be adopted by the
Synod and incorporated into the synodical Handbook as a
substitute for par. 2.107 a.:

a. The Commission on Constitutional Matters shall
consist of seven members: three pastors, three laymen
(one being an attorney), and one teacher, all of whom
are members of a voting congregation of the Synod.
They shall not serve in any elected or appointed office
or position of the District or Synod, nor shall they
serve if they are salaried in any capacity by the Synod
or its Districts. The Secretary of the Synod shall serve