LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — December 10-11, 1970, Page 1

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qualify under one of the three methods. He inquired which of the methods should be regarded as the
proper one. The commission ruled that teachers on the roster (Bylaw 1.57) are those who are graduates of
synodical schools or colloquized and who have signed the Constitution of the Synod. Accordingly, only
such called teachers on the roster are permitted to participate in the election of delegates and only such
called teachers on the roster may be elected to serve as delegates. The Secretary was also instructed by
formal motion to suggest to Mr. Steffen that he might wish to raise (thru an overture) the question of
including women in this category (Ag. 223).
246. Binding Nature of Synodical Resolutions (Exhibit 225 and 219): Doctor Richard Klann and Doctor
Robert Preus of the St. Louis Seminary had raised questions concerning the binding nature of doctrinal
resolutions of the Synod. After detailed discussion and after the preparation of a rough draft overnight the
Commission on the following day finally adopted the following abreviated opinion:
The Commission on Constitutional Matters has been asked to rule whether so-called doctrinal
resolutions of a synodical convention have "binding" force.
It is the opinion of the Commission on Constitutional Matters that such synodical resolutions
cannot be elevated to the level of the Lutheran Confessions. However, they are "binding" at least
to the extent, as the Synod itself has declared, that they are to be "honored and upheld"
(Cleveland Convention Proceedings, Res. 3-17, p. 105; New York Convention Workbook, II, B,
7, page 47 and Appendix E, page 51; New York Convention Proceedings, Res. 2-04, page 88).
This action of the Cleveland and New York conventions implies that as members of the Synod,
walking together, we are willing to demonstrate to one another that we are indeed honoring and
upholding such resolutions.
This opinion is the basic conclusion of the Commission on Constitutional Matters at the present
time. The Commission intends, however, to continue its study of the question.
It was also resolved to submit this opinion to the Reporter for publication since it is of general interest.
247. Related Questions: On the first day the Commission had also resolved that the answer to Agenda 225
should also constitute its answer to a letter from Professor Richard Klann marked Ag. 219.
248. Lay Appeal (Ag. 226 and 226A): A layman, Fred Numrich of San Gabriel, California, had written to
Kuenne asking about a layman's right to appeal a decision of a congregation. While recognizing that a
layman does not have the right to ask for an opinion, the Commission nevertheless, in order to expedite
matters in view of the possibility of the pastors or the congregation requesting a ruling, resolved to
approve the letters sent by Kuenne indicating in essence that a lay member of a congregation has the right
of appeal from a decision of his congregation to the Synod only on questions of procedure involving
excommunication.
249. Removal of Faculty Members (Ag. 172): The Secretary was instructed to remind the BHE that it had
not yet consulted with the CCM regarding better bylaws governing procedures for removal of faculty
members from office.
250. Majority Vote and Two Thirds Vote (Ontario): The question had been raised by Reverend G.
Mitchinson of Ontario whether the Ontario District had the right to decide by a simple majority vote that a
larger question concerning autonomy for Lutheran Church-Canada should be decided by a two-thirds
affirmative vote. The Commission ruled that this procedure was valid as long as it was understood that it
was limited to this specific instance and that a decision like this could also be reversed at any time by a
simple majority vote (Ag. 176, 176A, 176B).