LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 16-17, 1974, Page 4

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implementation of highly controversial resolutions of conventions. The Commission adopted the
following ruling with the provision that it should be published also in the Lutheran Witness:
Article XI, B, 4 states: "The President shall see to it that the resolutions of the Synod are
carried out." Article XII, 9 in speaking of the responsibilities of District presidents also says
that they are to "see to it that all resolutions of the Synod which concern the Districts are made
known to the Districts and are carried out by them."
The Commission on Constitutional Matters rules that the words "shall see to it" do not permit
vacillation or delay but impose upon every president, synodical or District, a responsibility
which he must expeditiously discharge.
It should also be noted that "resolutions of the Synod are binding on the Districts." (Bylaw
3.07a)
In this connection the Commission on Constitutional Matters reiterates its opinion, issued in
1966, Opinion with Regard to the Basic Relationship Between the Synod and the Districts of
the Synod.
116. CTCR Reaction to Mixed Weddings (Ag. 488-A): The Commission took note of the memo from
Ralph Bohlmann stating that his commission may wish to pursue the matter further.
117. Frerking Open Letter (Ag. 596): The Commission also took note of this document.
118. Objects Paragraph in District Articles of Incorporation (Ag. 597): The Commission noted this model
paragraph which the Commission had adopted in 1966 as a viable option to this day to avoid confusion
and misunderstanding.
119. Objection to Council of Presidents' Resolution (Ag. 602): The Commission received a carbon copy
of a letter from Zion Lutheran Church in Auburn, Washington addressed to Dr. Robert Preus taking
exception to the recent resolution of the Council of Presidents regarding the placement of Seminex
candidates.
120. Seminary Matter (Ag. 499, 499-A): Rev. Richard E. Hoffmann of St. Louis had addressed a 12 page
brief-to the Commission on Constitutional Matters in the interest of declaring the whole seminary matter
unconstitutional and listing eight specific questions and requests. These eight requests and the answers
adopted by the Commission are as follows:
1.

To rule the formation of the fact-finding committee unconstitutional. Answer: Already in
April, 1970 the Commission on Constitutional Matters ruled affirmatively on the
constitutionality of the appointment of a fact-finding committee as proposed. The opinion was
affirmed by the convention of the Synod in 1971.

2.

To rule the report of the synodical President unconstitutional.
Answer: The Commission rules that the report of the synodical President was not
unconstitutional.

3.

To rule the issuance of A Statement to the Board of Control as well
as the publication and
release of the study edition to the Synod unconstitutional.
Answer: The Commission rules that the issuance of A Statement to
the Board of Control as
well as the publication and release of the study edition to the Synod was not unconstitutional.