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LCMS Convention Workbook St. Louis, Missouri — 1983, Page 311

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APPENDIX II

Constitutional Opinions

(We reprint some of the more important opinions issued by the Commission on Constitutional

Matters during the past biennium.)

Opinion re Article VI and Article VII

The commission ruled that a member of the Synod cannot
appeal to and use Article VIJ of the Constitution in order to
defend and justify a violation of Article VI, 2, of the same
Constitution. Furthermore, in the light of Bylaw 5.25 e, the
accusation described in Bylaw 5.11 [both former numbering]
must be addressed to the President of that District in which the
accused holds membership.

Sept. 12, 1981

Opinion re Status of Pastors
and Teachers Serving
Nonmember Congregations

In response to a question regarding the status, calls, and
installation of teachers serving nonmember congregations, the
commission replied:

On the basis of Bylaw 1.09 a[ 1979 Handbook numbering], it
is clear that pastors and teachers may serve nonmember
congregations and yet remain members of the Synod. They are
ordinarily members of that geographical District in which the
congregation is located. The commission also sees no impedi-
ment to a Christian congregation issuing calls to such indi-
viduals nor to their installations being authorized by the
District President involved.

Sept. 12, 1981

Opinion re
Decision on Canadian Seminary Training

A question had been raised regarding the permissibility of
Lutheran Church—Canada making the decision regarding
Canadian seminary training as indicated in Res. 6-02 of the
1981 convention.

The commission concluded that the convention resolution
delegating that decision to Lutheran Church—Canada was
not in conflict with the Constitution since the convention is the
highest legislative authority. Having created the Lutheran
Church—Canada, the convention has the right to determine at
various times what responsibility the convention wishes to
delegate to it.

Sept. 12, 1981

Opinion re Convention Action on ALC
Fellowship Resolution

A pastor raised several questions regarding the ALC
fellowship issue and the procedures connected therewith both
before and during the convention. The commission resolved
upon the following reply:

1. We note the language of the 1977 resolution to “ask" the
CTCR to prepare a study and the language of the 1979
resolution to “urge” the CTCR to do so. The 1979 resolution,
acknowledging the failure of the CTCR to produce that study
before the 1979 convention, set no definite date for the com-
pletion except that the study should be completed ‘tas soon as
possible.”

2. It may have been regrettable that the CTCR did not
complete its work at an earlier date. This admittedly made it
more difficult for the congregations to respond.

3. However, the congregations did have an opportunity to
react both to the report of the CTCR in the Workbook and the
floor committee’s proposed resolution in the first issue of
Todax’s Business.

4. Furthermore. you vourself indicate that you had the
opportunity to appear before the floor committee. The fact that
the committee did not adopt your position or your substitutue
resolution does not negate the fact that you were indeed heard.

5. We also call attention to the detailed debate given to the
resolution, to the introduction of a substitute resolution and
amendments reflecting to a considerable extent your concerns,
and to the attempt to have the matter reconsidered in a later
session.

6. We note that the convention throughout took actions
which it was permitted to take as the highest legislative
assembly of the Synod.

7. So whatever circumstances may have attended this
matter, the Commission on Constitutional Matters holds that
the convention did not act unconstitutionally.

Sept. 12, 1981

Opinion re
Must a Congregation Call a Pastor?

The commission was confronted with the request to rule
whether it was permissible for a congregation to continue
“hiring” pastoral services instead of calling a pastor, and
whether a congregation which persists in this practice should
not be excluded from a convention vote on the basis of Bylaw
4.01 (former numbering)? The commission resolved upon the
following reply:

1. Congregations which do not formally extend permanent
calls cannot be excluded from membership or from voting
privileges merely on that basis.

2. The emphasis in Bylaw 4.01 is on the fact that congre-
gations are to be served only by pastors who are endorsed by
the Synod.

3. Where there seems to be an abuse of the obligation to call
a pastor, this is a situation which requires the counsel of the
District President and the Circuit Counselor.

Dec. 11-12. 1981

Opinion re Action of a District
Commission on Adjudication with
Reference to Dual Membership and
Forfeiture of Membership in the Synod

The Commission on Adjudication of the English District
has forwarded to the Commission on Constitutional Matters a
copy of its decision regarding Atonement Lutheran Congre-
gation of Florissant, Mo.. together with a covering letter, in
both of which the District commission takes issue with the
Synod in its decisions regarding dual membership.