LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 5-6 , 1969, Page 2

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that it was inevitable that the details of the New Haven issue would be brought to light during the course
of the discussion of the floor committee and that it might become necessary to make public the
Commission's basic opinion and perhaps even the supplementary opinion on the New Haven matter.
249. Overture 3-44: Require 213 Majority for Adoption of Fellowship Resolution: It was agreed that
Chairman Goetz should be informed that such a requirement would be unconstitutional.
The Commission expressed itself on the four following points in Dr. Wolbrecht's proposals to the
convention for bylaw changes (Workbook, Report 4-04, Appendix A):
250. Distribution of Workbook, 1.27: It was felt that "lay members of all boards and commissions" should
be added to this proposed paragraph.
251. 6.25 Qualifications of Elective Members: It was also decided to ask Dr. Wolbrecht why he feels this
paragraph should be eliminated.
252. Advisory and Executive Functions of the President, 2.29: The Commission felt that the VicePresidents should be inserted as the principal advisors and also that the proposed wording of the second
last sentence changes the whole purpose of the paragraph.
253. 2.109 Commission on Theology and Church Relations: The Commission was of the opinion that
points 4 and 5 under d should not be deleted.
254. Other Overtures: Other overtures to which the Commission gave at least passing attention are the
following:
1-02 2-26 2-31 2-36 4-09 4-15 4-33 5-35 9-06 10-18
1-16 2-28 2-35 2-50 4-10 4-27 5-29 8-07 10-08 11-07
Streufert closed the meeting with prayer.
Herbert Mueller, Secretary.

OPINION REGARDING THE CONSTITUTIONALITY OF A REFERENDUM
The chairman of the convention floor committee on Church Relations, has requested an opinion on
the constitutionality of a congregational referendum on the question of fellowship with The American
Lutheran. Church.
The Commission believes that the question really is: Does the Constitution of The Lutheran
Church - Missouri Synod permit the delegates who are elected to represent the congregations of the
Synod to transfer to those congregations the responsibility to decide questions which are properly
presented to the convention for decision? The Commission is aware that fellowship may be only one of
many issues that some might prefer to have referred to the congregations for decision.
It is the opinion of the Commission that the question must be answered in the negative. To transfer
responsibility for making a decision on fellowship or any other question is inconsistent with the type of
polity set forth in the Constitution and under which the Synod has operated for generations. This polity is
one of representative government which calls for full and free discussion of issues in a deliberative