# LCMS Convention Workbook_St. Louis Missouri_1975_S264
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

264 CONSTITUTIONAL MATTERS

as an advisory member of the commission and be its
executive officer without a vote.

The Commission on Constitutional Matters shall
be elected by the Council of Presidents. The Council
of Presidents shall appoint a nominating committee
consisting of the President of the Synod, one Vice-
President, and three District Presidents, who shall
present their nominations to the Council of Presidents
for acceptance, change, and/or additions. A majority
vote of the council shall be required for election.

The commission shall be elected for a 4-year term
on a staggered basis, i.e., the initial election shall be
two pastors, one layman, and one teacher for a 4-year
term: one pastor and two laymen for a 2-year term.
Vacancies on the commission shall be filled by the
Council of Presidents, using the same procedure as
outlined above. A term limit of three successive 4-year
terms shall apply.

Board of Directors
Texas District
Carl A. Heckmann, President

3-159

To Revise Method of Selection of
Commission on Constitutional Matters

WHEREAS, The Commission on Constitutional Matters has
the task and authority to “interpret the Synod’s Constitution,
Bylaws, and resolutions,” which decisions “shall be binding
on the question decided unless and until it is overruled by a
synodical convention” (Handbook 2.107 e): and

WHEREAS, Such functions should be free from any partisan-
ship: therefore be it

Resolved. That members of the Commission on Constitutional
Matters be appointed by the President of the Synod with the
consent of the Council of Presidents: and be it further

Resolved, That Bylaws 2.05 and 2.107 a be amended to reflect
the above resolution.
Ohio District
Carl A. Brummé, Secretary

5-166

To Amend Procedures for Filling
Vacancies on CCM

Resolved, That the Atlantic District request the Synod to
adopt an amendment to its Bylaw 2.107 in order to provide the
following method for filling vacancies on the Commission on
Constitutional Matters (other than vacancies in positions held
by the Secretary of the Synod and the advisory member of the
commission):

a) The President of the Synod shall nominate two
individuals to fill any vacancy (other than vacancies
in memberships held by the Secretary or advisory
member) as soon as possible after such vacancy exists.

b) The persons so nominated shall be presented to
the District Presidents at a meeting of the Council
of Presidents and shall thereafter be voted upon by
the District Presidents to fill the vacancy or vacancies.
Those receiving a majority of the votes of those per-
mitted to vote shall be elected to fill such vacant
membership until the expiration of its term.

Atlantic District
Arlin A. Maas, Secretary

5-161
To Publish and Submit All CCM
Opinions for Convention Action

WHEREAS, Opinions of the Commission on Constitutional
Matters have binding force unless appealed and reversed by
the following convention of the Synod: and

WHEREAS, The Commission on Constitutional Matters is
not now and does not consider itself obligated to report all of
its opinions to the next convention of the Synod: and

WHEREAS, This may by-pass the Synod in interpreting its
Handbook: therefore be it

Resolved. That opinions of the Commission on Constitutional
Matters be binding only until the next convention of the Synod,
at which convention all of their opinions must be submitted for
review to the Synod to be upheld or reversed. by the Synod in
convention; and be it further

Resolved, That opinions of the Commission on Constitutional
Matters be published in The Lutheran Witness when they are
given.

Hope Lutheran Church
Pompano Beach, Fla.
James V. Laney, President
Mildred Grady, Secretary
George A. Loose, Pastor

3-162

To Eliminate Binding Nature of
CCM Rulings

WHEREAS, Bylaw 2.107 e has much potential for abuse,
placing sweeping authority to render binding interpretations
in the hands of only a few persons, only one of whom is ac-
countable to the Synod through the elective process: and

WHEREAS, The number of binding rulings of the Commission
on Constitutional Matters is steadily increasing, many of which
are not published through the church: and

WHEREAS, We may well end up with a system of “‘canon law”
as complex and as potentially disturbing as that of another
major denomination: therefore be it

Resolved, That the last line of Bylaw 2.107 e be deleted and
that in its place the following sentence be inserted:

An opinion rendered by the Commission on Constitu-
tional Matters shall be respected for its value as a
considered judgment of competent Christian men,
but only those opinions which are specifically sus-
tained by a vote of the Synod in convention shall be
considered binding on the matter in question.

Board of Directors
Southeastern District
Ralph E. Wiechmann, Secretary

5-163

To Order Restatement

WHEREAS, Bylaw 2.109 e, cited in the 1969 Handbook of the
Synod: ‘While admitting the right of free expressions and of
public appeal as an inherent right of its members, the Synod
urges and requests its members to refrain from circularizing
the Synod,” does not appear in subsequent editions of the
Handbook: and

WHEREAS, An inherent right of the Synod has been lost with
no apparent action of the Synod to destroy that right for itself:
therefore we the Eastern District

Request the 1975 synodical convention to order a restatement
of this inherent right in the Synod’s Bylaws and instruct the
Commission on Constitutional Matters to make regular effort
to avoid such errors in the future.

Eastern District
Richard L. J. Hoemann, Secretary

5-164

To Study Referendum Procedure

WHEREAS, The synodical Handbook provides no channel for
an initiative and referendum process inviting local congrega-
tions: and