LCMS Convention Workbook St. Louis, Missouri — 1973, Page 203

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CONSTITUTIONAL MATTERS 203

On the constitutionality of the present administration of
deaf missions under Denver Res. 1-18A

On the involvement of pastors who have accepted a call to
another circuit in the election of delegates

On the number of persons a congregation may nominate for
a college presidency

On the convention status of associate and assistant pastors

On the eligibility of an 18-year-old to serve as a delegate
to a synodical convention

On LCA and ALC congregations participating fully in the
joint operation of a parochial school

On the status of women teachers in the nominating process

On the selection of teacher delegates

On the extent of the report on nominations for President
and First Vice-President

IV. Recommendations

A. Roster Bylaws and Reinstatement Provisions. Since
1966 the Commission on Constitutional Matters has been
wrestling with the problem of the continuing eligibility of
pastors and teachers for inclusion in the rosters of the Synod
and the related problem of reinstatement provisions. After
years of study and trial also on the part of the District
presidents the commission is now ready to offer recommen-
dations for more detailed Bylaw provisions. These are in-
corporated in a separate overture to the convention.

B. Pastor and Teacher Conferences. The limitations on
the right to submit overtures which the synodical convention
adopted in Denver have called attention to the necessity of
defining more accurately official pastor and teacher confer-
ences, Bylaw proposals formulated especially by the Council
of Presidents are being submitted to the convention by
means of an overture from the commission.

C. Better Election Procedures. The last convention in-
structed the commission to develop better election proce-
dures for recommendation to the New Orleans convention
and for implementation perhaps already at that convention.
An overture is being presented in response to that directive.

THE COMMISSION ON CONSTITUTIONAL MATTERS
Herbert Mueller, Secretary

Exhibit A
An Opinion on Presidential Authority

The New York and New Jersey pastoral conferences of
the Atlantic District have asked the Commission on Consti-
tutional Matters to render an official opinion on the follow-
ing questions:

1. Does the duty of the President of the Synod to supervise

the doctrine and the administration of the Synod as outlined in

the Constitution. Article XI A & B, and Bylaws 2.27 give the

President the authority and power to alter, cancel, reverse, or

nullify the decision of the board of control of one of the Synod's

colleges or seminaries or the decision of any other board of the

Synod?

2. May the President by executive order cause an adminis-
trative employee of the Synod to take an action which is in con-
flict with a decision of the board to which the employee is re-
sponsible?

The Commission has examined the premises in the two
paragraphs above and finds that contrary to the implications
of the conference resolutions there seem to have been no
instances, at least in recent times. in which the President of
the Synod took action to “alter. cancel, reverse. or nullify
the decision” of any board of the Synod or to “cause an
administrative employee of the Synod to take an action
which is in direct conflict with a decision of the board to
which the employee is responsible.” Such assertions are
highly subjective and interpretive.

It has been the consistent policy of the Commission on
Constitutional Matters not to rule on cases which are either
hypothetical or by their nature imply guilt through a mis-
statement or mis-interpretation of the facts involved.

Furthermore, it should be noted that the request merely
refers to “a decision of the board of control” but it is not
specified what that decision may be.

The “decision of the board of control” may be merely
one of a minor administrative matter or, on the other hand.
the “decision of the board of control” may be one of change
of doctrine shaking the very foundation of Lutheranism as

held dear by The Lutheran Church — Missouri Synod and
as enunciated in Article II of the Constitution of the Synod.
The foregoing illustrates the point that the questions
posed are very broad.
* * *

Nevertheless, since the questions posed above are being
raised by others also, we make answer as follows:

1. That it is the opinion of the Commission on Constitu-
tional Matters that the Constitution and the Bylaws of The
Lutheran Church — Missouri Synod give to the President
of the Synod exceptionally broad responsibilities and cor-
respondingly broad authority.

2. That while the ordinary day to day responsibility not
only for administration but also for doctrine rests also with
other officials. boards, and commissions created in the course
of time by the Synod, the Synod has never repealed the
broad responsibility and authority vested in the presidential
office. but instead the Synod appears to have increased those
powers from time to time. It is therefore conceivable that the
President, acting in accordance with the appropriate Articles
of the Constitution and Bylaws of The Lutheran Church —
Missouri Synod, may exercise his pastoral judgment to in-
tervene in situations which, in his estimation, are so impor-
tant that the exercise of his ultimate constitutional respon-
sibility is required.

3. That when a synodical President feels impelled to ex-
ercise that responsibility it is clearly understood that his
action is always subject not only to the regular appeals
procedures involving the commissions of adjudication and
the Board of Appeals, but also to approval or disapproval,
to ratification or recission, by the convention of the Synod.

4. That if the Synod does not wish to have such authority
reside in its President then it is the opinion of the Commis-
sion on Constitutional Matters that the Constitution will
need to be amended to limit the authority of the President.
Procedures for amending the Constitution are detailed in
Article XIV.

Ture ComMMISSION ON CONSTITUTIONAL MATTERS
Herbert Freise

Donald Prevallet

George Sommermeyer

Elmer Luessenhop, Chairman

Herbert Mueller, Secretary

W. Harry Krieger, Advisory

5-02

Report of Committee on Organization

The Committee on Organization worked with the prin-
ciple that faith produces works of service and ministry, and
that such services develop channels or forms in an expand-
ing and versatile church body such as The Lutheran Church
— Missouri Synod in its efforts to develop a variety of gifts
and ministries. The Synod had the same principle in mind
as it periodically reviewed its constitutional principles in
order to gear itself for future action. Major constitutional
revisions were made in 1853, 1864, 1911, 1917, 1924, 1947, and
1959. This demonstrates that the Synod has endeavored to
preserve the best of its constitutional heritage, but at the
same time has looked at the contemporary and attempted
to anticipate future needs. Thus it has adopted both minor
and major constitutional revisions throughout its history.
The last major adaptations to contemporary needs were
adopted upon the recommendation of the Synodical Survey
Commission which was at work from 1956 to 1962.

More than 10 years have elapsed since that time, and the
Synod has had an opportunity to test and reflect upon the
changes made. It has seen further rapid changes in its social
environment, moving through the boom of the 1950s into
the activistic 1960s, and now finds itself in the realism of the
1S70s and with the uncertainties of the 1980s still before us.

One of the major weaknesses, however, in retrospect,
has been the fact that in many of the previous constitu-
tional and Bylaw revisions, the conventions at times fol-
lowed a “smorgasbord” approach by selectively adopting
some revisions and declining others. This has produced
inconsistencies and ambiguities. For this reason the 1969