LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — undated, Page 1

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1. to declare the bylaw adopted by the convention unconstitutional since it is contrary to Article
IX;
2. to recognize its responsibility to bring the Bylaws into conformity with the resolutions of the
Synod (Bylaw 2.107 d) and therefore to draft and to insert into the Handbook a bylaw carrying out as far
as is constitutionally possible the intent of the convention;
3. to approve the following wording for this new Bylaw:
"1.65 Youth Representation.
Each District may be represented by two youths to be selected as a District may specify. They
may speak at the request of a floor committee and by express permission of the chair" (this is the
procedure which the Denver convention adopted for the current convention);
4. to suggest to President Preus that he may want to refer the question of granting full advisory
delegate status to the committee which is to be appointed to study the larger question of representation at
conventions.
3. Organization of Dissenting Groups and Counter Groups: The Reverend Ervin L. Paul of Forest Park,
111. had submitted a detailed letter asking whether it is possible under the Constitution for a group within
the Synod to organize for the purpose of preventing the implementation of a convention resolution, which
in turn would prompt other groups to organize as opposing groups; whether it was proper for ten who
were officers of the Synod or members of boards to be involved in such groups; and whether it was
proper for auxiliary organizations to be used as tools to frustrate the express wishes of Synod. A similar
request was also received from President Lothar Kleinhans of the Southern District. Members of the
Commission reported that others had raised such questions in conversations. Much time was given during
the course of the two days to a discussion of the basic questions involved. An opinion was finally adopted
which is to be discussed with the President and circulated among Commission members for editing
purposes before it is released. This opinion, which declares such activities unconstitutional, is attached to
the minutes.
4. Resolution 3-15, Declaring Fellowship With the American Lutheran Church: Much attention was also
given primarily upon the request of President Preus to the basic questions and challenges which had been
raised concerning the constitutionality of this resolution and of the procedures involved in adopting it.
The Commission isolated five basic questions or challenges. At the conclusion of the meeting when a
draft had been prepared it was resolved to adopt this draft with the understanding that it will be circulated
for further reaction and possible editing. The opinion, which holds that there is nothing unconstitutional in
the resolution itself or in the Synod's action in adopting it, is attached to the minutes. (Others who had
addressed the Commission directly for an opinion on Res. 3-15 were: Rev. John Krueger, Cooperstown,
N.D.; Mr. R. C. Hannenberg, Chicago, I11.; Rev. Marcus T. Lang, LaFayette, Ind.; Rev. V. H. Mickow,
Hazen, N.D.; St. Luke's Congregation, Croydon, Pa.; Rev. Elmer Steenbock, Bottineau, N.D.).
5. Organization: It was moved to request Herbert Kuenne to continue as chairman for two years.
6. Napoleon, Ohio: A Pastor Rausch had raised a question concerning the representation at the convention
from his circuit. The Commission approved the reply which Kuenne had sent prior to the convention.
7. Reinstatement: President Waldemar Meyer of the Colorado District had also raised a question
concerning the reinstatement of a pastor. The Commission approved the reply that Kuenne had given.