LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — undated, Page 5

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2.105 a 2, previously decided: Change "presently" to "at present"
2.115 Footnote: "To be absorbed in a new Commission on Lay Higher Education."
New 2.145, improved English: "He shall immediately submit to the chairman of the
Committee for Convention Nominations this document and written pertinent information
concerning his nominee as detailed in 2.143 e."
2.173 a. Eliminate: "The Controller of the Synod shall ex officio be the Chairman of the
Division of Controllership," that division having been eliminated
2.175 Council of Administrators. In view of Res. 4-27 the following are eliminated: The
Chairmen of the Divisions of Special Ministries, of Social Action and Welfare, of Church
Literature. Change names to "Chairmen of the Division of Communications" and "Division of
Parish Services" and "Division of General Staff Services"
3.23 Board of Directors. Change second sentence: "the size and
composition of the Board ................... "
3.21 b drop "also" (previously decided)
3.39 Election and Time of Service of District Officers. Eliminate Circuit Counselors from a.
Change b to read: "all other officers and boards may be elected in any District convention for
the time of service fixed..." (See Res. 5-33)
3.51 Reinstatement. Change last word "church" to "Synod" (previously decided).

14. The Commission also inserted the paragraph on Youth Representatives (1.65) referred to in an earlier
paragraph in the minutes (Minutes, Paragraph # 2).
15. It was decided not to include the principles of viability for the formation of new Districts (See Res. 403).
16. It was decided not to include a special paragraph requiring use of the Foundation (See Res. 11-10).
17. It was also decided to drop the present 2.149 which speaks of the order of names (covered elsewhere)
and the requirement that board members live in proximity to each other. It was held that since the
committee did not recommend retention of this paragraph in the major overhaul of the paragraphs
regarding the Committee for Convention Nominations, it was the intention of the Committee that this
paragraph should be deleted. The original overture also seemed to indicate this.
Herbert Mueller, Secretary.

AN OPINION ON THE CONSTITUTIONALITY
OF DENVER RESOLUTION 3-15
The Commission on Constitutional Matters has received numerous requests for an opinion on
Resolution 3-15 of the Denver convention on fellowship with The American Lutheran Church. Several
questions have been raised concerning the constitutionality of the resolution itself and of the procedures
followed in its adoption. We address ourselves to the basic questions that have been asked.
I.
"Is the resolution in violation of Bylaw 16.03? Was the Commission on Theology and Church
Relations obligated to present a recommendation to the Denver convention?"