LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — May 16-17, 1974, Page 5

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4.

To rule the actions of the President, Committee 3, and the Synod
regarding 3-01, 3-09, 3-12,
and 3-12A unconstitutional and therefore invalid in their content and their resolve.
Answer: In answer to previous requests the Commission on Constitu
tional Matters is in the
process of issuing an opinion on the constitutionality of 3-01 and 3-09. It holds that the actions
of the President, Committee 3, and the Synod regarding Resolution 3-12 and 3-12A were not
unconstitutional.

5.

To declare the action of the Board of Control on January 15, 1973 as valid and "final, without
right of appeal" and also "binding on all concerned and not subject to review, reversal,
amendment, or modification" and to so instruct the present Board of Control.
Answer: The decision of a Board of Control may be appealed to the convention of the Synod
(Bylaw 2.14).

6.

To make known to the entire Synod - its congregations, members, officers, boards, and
commissions - that in no case involving the members of the seminary faculty can the content
and/or charges of the fact-finding committee report, The Report of the Synodical President, A
Statement of Scriptural and Confessional Principles, or the resolutions of the 1973 convention
(3-09, 3-12, 3-12A) be involved in the "review, reversal, amendment, or modification" of the
final action of the Board of Control on January 15, 1973, nor be a part of determining
dismissal, tenure, rehiring, retiring, or placing on modified service of any of the faculty
members involved in the Board of Control's action. Answer: This request is declined on the
basis of the statements listed above.

7.

To declare the case of the faithfulness of the faculty members at the seminary closed in all
aspects as the Constitution and Bylaws demand. Answer: The Commission rules that the cases
of the faculty members are still open (see also the Commission's ruling of January, 1974 on
Resolution 3-09).

8.

In answering these requests to address itself specifically to the interpretation of each section
that is quoted, as the constitutional provision supporting the request.
Answer: It is neither the policy nor the function of the Commission on Constitutional Matters
to make a detailed critique of briefs presented to it.

The minutes should note that Klotz did not vote on propositions 6 and 7.
121. Northbrook Overture (Ag. 568): The Secretary had written to Grace congregation, Northbrook,
Illinois stating that the Commission was not in the habit of reacting to proposed overtures of
congregations to District conventions. The Commission ratified his reply.
122. Executive Secretary of Medical Missions (Ag. 576): It was pointed out that Bylaw 2.83a seems to
indicate that the Executive Secretary of Medical Missions should be appointed by the Board of Directors
and 8.75 that he is to be appointed by the Board for Missions tipon recommendation of the Council for
Medical Work, unless the references in these bylaws are to two different positions. The Commission
simply was unable to trace how the Executive Secretary of Medical Missions came to be listed in Bylaw
2.83a after the Milwaukee convention. It has no record of any such action. By common consent it was
suggested that the Secretary so notify the Board for Missions and the Council for Medical Work and
inquire of them whether they know of any action which could have prompted the inclusion of the title in
Bylaw 2.83a, otherwise a simple error would need to be acknowledged.