# LCMS Convention Workbook_St. Louis Missouri_1975_S481
# Machine transcription, uncorrected — CHI Digital Archive (demonstration)

CONSTITUTIONAL OPINIONS 483

not be engaged as pastoral assistants. Exceptions would require
the consent of both the District President and the synodically
recognized faculty.

June 28-29, 1974

Opinion re Seminex Graduate Serving
as Pastor Without a Call

The commission calls attention to the fact that Bylaw 4.01
states that congregations “shall call and be served only by pas-
tors . .. who have been admitted to these respective ministries
in accordance with the rules and regulations . . .”

June 28—29, 1974

Ruling re District Resolutions
on Seminex and the Placement and
Ordination of its Graduates

The attention of the Commission on Constitutional Matters
has been called to the fact that several Districts have adopted
resolutions with reference to Seminex, and the placement and
ordination of its graduates. The commission has been asked to
rule on such resolutions.

The commission hereby reiterates and enlarges upon its
previous rulings, namely, to the effect that:

1. Seminary graduates must be certified by one of the two
recognized theological faculties of the Synod (Bylaw 4.15);

2. Districts may call only such qualified candidates. In join-
ing the Synod congregations also willingly agree to call and to
be served only by pastors who have been admitted to the minis-
terium of the Synod in accordance with the rules and regula-
tions set forth in the synodical Handbook (Bylaw 4.01):

3. Districts do not have the right to recognize Seminex
or any other agency as a theological institution of the Synod
qualified to train pastors for its congregations. The Synod has
reserved this right to itself (Bylaw 3.07 e):

4. District Presidents may authorize the installation and
ordination only of those candidates who have been properly
declared qualified according to the Bylaws of the Synod (Arti-
cle XII 9 c; Bylaw 4.15);

5. All resolutions of Districts which provide for District action
which is in conflict with the above are unconstitutional and
therefore null and void (Article XII 2; Bylaw 3.07). Districts
and District Presidents are obligated to carry out the resolu-
tions of the Synod (Article XII 9 a; Bylaw 3.07 a).

June 29, 1974

Investitures, Commissionings,
Appointments, etc.

Questions have been raised about the propriety of adminis-
tering what for all practical purposes amount to ordination and
clergy installation but using such terms as “investiture,” “ap-
pointment,” “commissioning,” etc.

Whatever theological dimensions may be involved, the
Commission on Constitutional Matters defines the words “or-
dination” and “installation” as applied to clergymen in the
following constitutional terms:

1. In terms of the Constitution and Bylaws of the Synod
“ordination” is that rite in which the church recognizes an
individual as qualified to discharge the functions normally dis-
charged by a clergyman of the Synod, such as serving as a
parish pastor, proclaiming the Word of God in behalf of the
Christian community, and administering the Sacraments.

2, In terms of the Constitution and Bylaws of the Synod
“installation” of a clergyman is that rite in which an ordained
individual is inducted into a specific position in which for a
specific community of believers he will perform those functions
which are normally performed by an ordained clergyman of the
Synod.

The Synod has set forth detailed requirements for both
ordination and installation. To attempt to confer the prerogatives

and responsibilities of ordination or installation upon individuals
who do not meet the synodical requirements is unconstitu-
tional, whatever names may be employed for such rites. Such
ceremonies are null and void as far as recognition by the Synod
is concerned.

Aug. 23, 1974

Opinion re Ordination Rights

The Commission on Constitutional Matters has been asked
to rule on the question: “Is it correct to say that a congregation
yields the rights indicated in the Scriptures and Confessions
on ordinations, etc., when it joins the Synod and accepts the
Constitution?” The commission replied as follows:

1. The right to call a pastor continues to rest with the con-
gregation even after it joins the Synod. This is where the stress
should be placed.

2. For good order the right to perform ecclesiastical ordina-
tion is voluntarily delegated to the responsible officers of the
Synod (see Article XII 9 c) as part of the whole process of the
congregation’s requesting and receiving assistance in the im-
portant function of finding a man qualified to be its pastor and in
calling him.

3. In Bylaw 4.02 the congregations obligate themselves to
seek the assistance of the District President, another clear
indication that they are voluntarily restricting a right which
they enjoy in order to receive a greater good.

Dec. 6—7, 1974

Ruling re Seminex Financial Support

Several questions have been raised whether Districts may
use District funds for the financial support of Seminex or its
students. The commission rules:

Funds contributed to a corporation must be used for the
purposes for which said corporation is organized and as the
implementation of these purposes is set forth in its Constitution
and Bylaws.

Dec. 6, 1974

Opinion re Congregations Remitting
Directly to Synod Instead of the
District

1. There is no article in the Constitution or Bylaws which
requires that remittances be sent to the District instead of the
Synod.

2. The commission has asked the Stewardship Department,
which has responsibility in these matters, to determine whether
any convention resolution was ever adopted requiring such
action. The Stewardship Department has failed to find any such
directive of a convention.

3. Therefore, strictly speaking, it would not seem to be
unconstitutional for a congregation to remit directly to the
Synod.

4. However, the Synod has established Districts which per-
form functions for the Synod which the Synod cannot well per-
form and which pursuant to this have assumed delegated re-
sponsibilities. Therefore, according to time-honored custom,
moneys have flowed through the District offices to the Synod
and it is hoped that this custom would continue to be followed
in the future.

5. It is to be assumed that funds contributed for District or
synodical purposes will not be used for nonsynodical purposes
by the District and certainly not for purposes which are divisive
or antisynodical.

Dec. 6—7, 1974

Joint Membership

The commission rules that it is improper for a Missouri
Synod congregation to hold membership also in another church