LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 22-23, 1972, Page 7

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he is obligated to reveal the tally in addition to the names or whether he may reveal the tally without
violating the bylaw.
197, Adjournment followed with the Lord's prayer.
Herbert Mueller Secretary

An Opinion on Presidential Authority
The New York and New Jersey Pastoral Conferences of the Atlantic District have asked the
Commission on Constitutional Matters to render an official opinion on the following questions:
"l. Does the duty of the President of the Synod to supervise the doctrine and the administration of
the Synod as outlined in the Constitution,Article XI A & B,and Bylaws 2.27 give the President
the authority and power to alter, cancel, reverse, or nullify the decision of the board of control of
one of the Synod's colleges or seminaries or the decision of any other board of the Synod?"
"2. May the President by executive order cause an administrative employee of the Synod to take
an action which is in conflict with a decision of the board to which the employee is
responsible?"
The Commission has examined the premises in the two paragraphs above and finds that contrary
to the implications of the conference resolutions there seem to have been no instances, at least in recent
times, in which the President of the Synod took action to "alter, cancel, reverse, or nullify the decision"of
any board of the Synod or to "cause an administrative employee of the Synod to take an action which is in
direct conflict with a decision of the board to which the employee. is responsible." Such assertions are
highly subjective and interpretive.
It has been the consistent policy of the Commission on Constitutional Matters not to rule on cases
which are either hypothetical or by their nature imply guilt through a mis-statement or mis-interpretation
of the facts involved.
Furthermore, it should be noted that the request merely refers to "a decision of the board of
control" but it is not specified what that decision may be.
The "decision of the board of control" may be merely one of a minor administrative matter or, on
the other hand, the "decision of the board of control" may be one of change of doctrine shaking the very
foundation of Lutheranism as held dear by The Lutheran Church-Missouri Synod and as enunciated in
Article II of the Constitution of the Synod.
The foregoing illustrates the point that the questions posed are very broad.