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LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — June 11-12, 1976, Page 8

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Source: LCMS Commission on Constitutional Matters minutes, file copy

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88. Form Letter (Ag. 968); News Release Re Preus Moratorium (Ag. 970); Laymen's Analysis (Ag. 971);
DMV (Ag: 972); News Release Re Vacating District President Offices (Ag. 975, 975A,B); Article on
Autonom and Ordination (Ag 987); Ronald Bergen, Jacobi, and Duane Bartsch Requests for Opinions
(Ag. 989, 989A, 990); Press Release on Nauss Meetings (Ag. 994); Demand for Malotky Removal (Ag.
999): The Commission took note of these documents which had been shared for information purposes.
89. Ohio District Overtures (Ag. 991): Rev. Carl Nelson of Painesville, Ohio, had asked for reactions to
several overtures before that District convention. Since the convention would be held before this meeting
could take action and transmit the same, the Secretary had simply acknowledged and had penciled in a
few comments on the copies. The Commission ratified the action.
90. Charles Mueller Comments (Ag. 1001, 1001A): The Commission was pained by the negative
comments made by President Charles Mueller in his presidential address to the Southeastern District and
had asked for a copy of his remarks. Upon receiving a copy the Secretary had written a letter taking
exception and setting forth a contrary position regarding the necessity of someone in the Synod having the
authority from one convention to the next to interpret the Constitution, Bylaws, and resolutions. The
Commission ratified the Secretary's reply.
91. Nebraska District Bylaws (Ag. 1004): President Niedner had submitted quite a few bylaw changes
enacted at the recent District convention. After suggesting that a slight change in wording ("of" for "for")
in the paragraph on nominations and especially after deciding to call attention to the fact that Bylaw
2.127a must substitute the word Synod for District in order to bring it into harmony with Bylaw 3.21a, the
Commission ratified the proposed revisions.
92. Publication Decision: The Commission decided to publish in full in the Lutheran Witness the opinions
adopted on agenda items 926, 956, and 976 and to list merely the titles of the opinions adopted on agenda
items 973, 974, 981, 961 (and 1007).
93. The next meeting is scheduled for Friday, August 13, at 9:00 a.m. until afternoon of August 14.
The meeting adjourned with a prayer by the Secretary.
Herbert Mueller, Secretary

Opinion Re Anaheim Resolution 5-02A
The Commission on Constitutional Matters has been asked to rule, in the light of Anaheim
Resolution 5-02A, on the constitutionality of the actions of several Districts (conventions and/or Boards
of Directors) following the Anaheim convention and of the actions of the President of the Synod. The
Commission's essential function is not to determine the guilt or innocence of individuals. It does, however, have the responsibility to interpret the Constitution, Bylaws, and resolutions of the Synod. It
therefore offers the following as a contribution in behalf of constitutional government in our Synod.
1. Concern for purity of doctrine ("die reine Lehre")has characterized the Synod from the
beginning. This is why, even though colleges and seminaries training Lutheran pastors were in existence
in the United States when the Synod was organized, the Synod nevertheless decided to train and certify its
own pastors and in that way assure transmission of the pure doctrine of God's Word. In the course of time
congregations were prompted to join this new Synod with this unique emphasis and feature. Also in the
course of time the Synod developed a sophisticated system for the training of its pastors as well as