LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 11-12, 1976, Page 1

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2.

Whatever its historical background may be, every District is an integral part of the
Synod. Therefore no District can in any way disband or vote itself out of the Synod.

3.

Individual member congregations of the Synod may in a Christian way
vote to leave the Synod but cannot take along through such action either a District
or other congregations. Neither can a District convention make that decision for a
congregation. The determination to withdraw from the Synod must be made by the
congregation itself in conformity with the congregation's own constitution and
bylaws. Such an important decision should not be considered the responsibility of a
congregation's delegates to a District convention but should after due notice be a
deliberate and conscious decision on the part of the ultimate decision-making body
of the congregation, usually designated in our circles as the voter's assembly.
THE COMMISSION ON
CONSTITUTIONAL MATTERS
Herbert Mueller, Secretary

3/6/76

Minutes of the Meeting of the Commission on Constitutional Matters
June 11-12, 1976
The meeting opened with a prayer by Carl Eberhard at 9:15 with all other members also present:
Chairman Herbert Freise, John Klotz, Donald Prevallet, Herbert Mueller.
48.-Anaheim Resolution 5-02A (926 926A-R, 951, 960, 984 896): The Commission first took up the
opinion which it had drafted and adopted at a previous meeting but had held for re-examination at the
request of the Executive Committee of the Board of Directors and of legal counsel Phil Draheim. It went
through this opinion paragraph by paragraph and made several revisions especially in order to update the
material to the present time. It was finally adopted as rewritten (and attached to these minutes) at 11:30
a.m. It was then resolved to publish this opinion in the Lutheran Witness and to send copies to all who
had raised questions regarding Resolution 5-02A, to Dr. J.A.O. Preus, and to the eight men most directly
involved as former or present District presidents, as well as the four acting presidents.
49. Seventh Resolve, Anaheim Resolution 5-02A (Ag. 956, 956A,B, 951, 984, 9261): The Commission
now took up another opinion which it had adopted in the previous meeting and which Dr. Preus had
returned in connection with the action of the Executive Committee on the previous item. After several
revisions had been made also in this document it was resolved to accept it as attached to the minutes and
to publish it in the same manner as the previous item.
50. Irvine (Ag. 927, 934, 934B-J): The Commission had also been asked by the Executive Committee to
re-examine the opinion which it had drafted regarding the resolutions on the Thankoffering funds for
Irvine. After some discussion it was decided to postpone further consideration to the next meeting. In this
connection it was reported that the present enrollment for Irvine amounted to eight students.
51. Legality of Conventions (AQ. 985, 996 996A): Rev. Martin Taddey of Palo Alto had raised questions
regarding the legality of the California-Nevada District convention since it had seated as voting delegates
certain pastors who were uncertified graduates of Seminex. Lay delegates Robert Perry and B.R. Weber
had raised a similar question regarding the Oklahoma District convention actions after conditionally
seating a Seminex graduate as a voting delegate. The Commission drafted a tentative reply.