LCMS Commission on Constitutional Matters — Minutes St. Louis, Missouri — September 6, 1985, Page 6

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It was further noted that if constitutional changes are made, the wording of constitution Article VI, 3,
should be considered.
In constitution Article V, B, it was proposed that a Category 7, emeritus pastors and teachers, be added to
the group of advisory members.
Bylaw 6.23, h, relating to faculty members, includes the statement, "When, in exceptional cases, laymen
are involved, they should be persons who are solemnly pledged to the Holy Scriptures as the inspired
Word of God and to the Lutheran Confessions." Phil Draheim is to be asked to examine this to determine
whether this provision is legal and enforceable.
In the above bylaw, as well as in a bylaw relating to the membership of Commissions of Adjudication, the
term "laymen" is used rather than "laypersons" as is the case in other bylaws. The Commission on
Structure is asked to address these terms to determine what is meant in each case.
Frequently, congregations do not vote in the election of circuit counselors and consequently certain
questions arise with regard to what is meant by a majority. The language of this bylaw should be
reviewed so that the person receiving the highest number of votes cast, rather than a majority, is elected.
Since there is a conflict regarding the term of service of a convention delegate in Bylaws 4.35 and 2.07, it
was agreed that the term of service should be changed in 2.07 to read "three-year term beginning with
election."
172. Adjournment: Having concluded its business, meeting of the Commission on Constitutional Matters
was adjourned.
Walter L. Rosin, Secretary

Opinion Re St. John's College and St. Paul's College
The Board of Directors, through its Administrative Officer, John Schuelke has requested the
Commission on Constitutional Matters to render assistance to the Board in the form of an opinion as to
the Board's specific constitutional authority and responsibility regarding increasing the lines of credit for
St. John's College in Winfield, Kansas, and St. Paul's College in Concordia, Missouri, and closing such
schools if deemed by the Board to be no longer financially viable.
The letter raised ten questions regarding St. John's and eight questions regarding St. Paul's. The
questions can best be summed up as perhaps a plea for guidance by the Board as to its authority to call a
halt in a financially disastrous situation.
The problem arises out of what might be interpreted as conflicting resolutions from various
conventions and the fundamental question of who has the final authority regarding the allocation of
synodical funds between conventions. The question might be stated as follows: Is it the intention of the
Synod that acting in convention through a resolution on one particular area of the Synod's activities, all
other activities should be jeopardized in order to support that one activity when later conditions appear to
show the original resolution to be economically unfeasible?
The Commission on Constitutional Matters read with interest the opinion prepared by counsel for
the Board, Mr. Philip Draheim. It is an erudite and exhaustive analysis of the various questions raised in