LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — October 1-2, 1970, Page 1

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218. Otten and Bylaw 4.01: The secretary distributed reproductions of Christian News articles which
seem to indicate that an overture will be submitted to the next convention regarding Bylaw 4.01 and the
New Haven congregation (Ag. 165).
219. Nebraska and Wyoming Districts: It was pointed out that these two new Districts had already
developed administrative structures and bylaws without conferring with the Commission on
Constitutional Matters. The Commission resolved to inform the persons involved that on the basis of
3.07b and c and 2.107g it is the normal procedure that bylaws and articles of incorporation be submitted
to the Commission on Constitutional Matters well before final decisions are made (Ag. 168).
220. New Haven: On the basis of a short brief prepared by Kuenne and other previous documents the
Commission devoted considerable time to a discussion of the New Haven case in view of the fact that the
ad hoc committee on the "final and binding nature" of Board of Appeals decisions was meeting in this
same week. Chairman Kuenne had requested reactions from the commission to guide him as a member of
the ad hoc committee (Ag. 107).
221. During this discussion it was necessary for the secretary to attend a Board of Directors committee
meeting. Presumably no further actions were taken.
Herbert Mueller, Secretary

MINUTES OF MEETING OF COMMISSION ON CONSTITUTIONAL MATTERS
St. Louis, Missouri, October 1-2, 1970
222. Chairman Kuenne called upon Sommermeyer to open the meeting with, prayer. The minutes of June
2-3, 1970 stood approved as read.
223. TietJen Invitation: Since the Commission was being asked to rule once again on the constitutionality
of the fact-finding committee and since Dr. John Tietjen of the Seminary was reported to have expressed
the view that the endeavor was not in harmony with the Constitution and Bylaws, the commission decided
at the suggestion of Dr. Preus to invite Tietjen to appear in person before the commission to present his
views.
224. Dates: It was agreed to hold to the dates previously agreed upon for the next meeting, December
10-11, 10:30 a.m., preferably in Chicago.
225. Two Year Term: The Commission on Worship had raised the question of whether the short two year
term introduced several conventions ago to permit staggering of elections was to be counted in
determining the number of terms served under the limited tenure rule. The commission recognized that
the question is not answered in the Handbook, in a convention resolution, in Roberts Rules of Order, or
Sturgis, but concluded in view of the manifest thinking of the survey committee as revealed in its
minutes, in view of the fact that lack of clarity usually demands charity, and in view of the present
confusion concerning the beginning and terminal dates of many terms, that the short two year term and
any term shorter than the normal term or any filling of any unexpired term should not be counted as a
term under the limited tenure rule (Agenda 187, 187B, 148A, 1488). In other words, only complete terms
of normal length should be taken into consideration.
226. Voting Congregation or Voting Parish: Reverend Robert G. Cardaro of Gulf Breeze, Florida had
objected to the ruling that congregations forming a dual parish are entitled to only one set of delegates to
a District convention on the grounds that this deprives one of the congregations of its constitutional right