LCMS Convention Workbook St. Louis, Missouri — 1975, Page 480

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482 CONSTITUTIONAL OPINIONS

sion on Constitutional Matters experienced deep frustration in
its deliberations. On the one hand, it felt a loving kinship with
these young men-— potential gifts of God to His church. On the
other hand, it is constantly aware of its responsibility to all the
people of the Synod and to the upholding of the Constitution and
Bylaws which they have adopted for their walking and working
together within the Synod. The Commission on Constitutional
Matters has no authority to ignore or to change the Bylaws; nor
does any other individual or group within the Synod. That
authority rests solely and alone with the Synod in convention.

A possible solution to the dilemma might be the following:
In order that these young men, as well as their talents, may not
be lost to the Church, the commission is of the opinion that the
“Seminex” graduates of 1974 who have completed eight quar-
ters of work at a synodically recognized seminary be urged to
avail themselves of the opportunity to secure during the summer
or through correspondence courses the required final quarter’s
worth of credits from one of the synodically authorized semi-
naries—either at St. Louis or at Springfield —in order to receive
the required diploma (Bylaw 4.15 a 1). The Commission is per-
suaded that by so doing the graduates in question may be able
to meet all the constitutional requirements for placement.

It may also be possible for Concordia Seminary, 801 De Mun,
St. Louis, to grant a diploma under the existing St. Louis con-
sortium agreements. The Commission on Constitutional Matters
is not acquainted with all the details of these agreements.

It is clear from the Bylaws that only those candidates who
have been properly certified and assigned may be ordained.

March 23, 1974

Ruling re Direct Calls to
Uncertified Candidates

A District President has asked whether a congregation may
call as pastor a ministerial candidate who fails to receive synodi-
cal certification for call and ordination.

In its meeting on March 23, 1974, the Commission on Con-
stitutional Matters ruled as follows:

1. The right of a congregation to call its own pastor cannot
be denied.

2. However, as a member of the Synod a congregation must
also fill the requirements of membership. One of these require-
ments is stated in considerable detail in Bylaw 4.01:

4.01 Eligible Pastors and Teachers

a. Congregations which are members of the Synod,
in conformity with Article II], 3 of the Constitution of
the Synod, shall call and be served only by pastors
and called teachers who have been admitted to
these respective ministries in accordance with the
rules and regulations set forth in the synodical Hand-
book and have thereby become members of the Synod.

b. Congregations which violate this requirement
and persist in such violation shall after due admonition
forfeit their membership in the Synod.

March 23, 1974

Authority of District Presidents
to Place Candidates and Vicars

The following two questions were recently placed before the
Commission on Constitutional Matters:

1. Does our synodical Handbook give any District President
the authority to place students attending a “Seminary-in-Exile”’
into an LCMS parish as a vicar or as a pastor?

2. Does the Council of Presidents have the authority to
change the Constitution of the Synod so that students attending
a “Seminary-in-Exile’’ can be placed into an LCMS parish
as a vicar or pastor?

The commission answered both questions in the negative.

March 23, 1974

Saskatoon

In answer to a request from the Board of Directors for a
ruling, the Commission on Constitutional Matters rules once
again that in adopting Milwaukee Resolution 6-20 the Synod
merely established a chair of theology in Saskatoon. It failed to
provide for the certification and assignment of the graduates.
Therefore, the Saskatoon graduates are not certified for the
ministry in The Lutheran Church— Missouri Synod and are not
eligible as yet for placement on the clergy roster of the Synod or
for call assignment. The Synod will need to take action on this
problem at its next convention.

The following should be noted. After the Milwaukee conven-
tion the Commission on Constitutional Matters called attention
to the fact that the Saskatoon program proposed by the Com-
mittee on Colloquies had not been adopted by the Milwaukee
convention. The commission so notified the Committee on Col-
loquies, the Board for Higher Education, the Council of Presi-
dents, and the three Canadian Districts. The commission sug-
gested that the Board for Higher Education prepare Bylaws to
supply the deficiency. The Board for Higher Education did
present such Bylaws to the New Orleans convention. However,
the floor committee at the New Orleans convention ‘did not
recommend adoption of the proposed Bylaws but called instead
(Resolution 6-17) for the creation of a special committee to re-
study the entire Saskatoon program and also alternate courses
of action. This Resolution 6-17 failed to receive floor action
and was referred under omnibus Resolution 4-47 to the Board
of Directors.

May 17, 1974

Ruling re Seminex Candidate
Placement

In answer to several questions regarding the May 3 resolu-
tion of the Council of Presidents for the placement of candidates,
the Commission on Constitutional Matters has adopted the fol-
lowing rulings:

1. Except for the fact that the Saskatoon graduates are not
eligible for placement, the Commission on Constitutional Mat-
ters finds nothing unconstitutional in the May 3, 1974, resolution
of the Council of Presidents regarding the placement of minis-
terial candidates.

2. The commission holds that the final determination of
certification of the Seminex graduates for the holy ministry
must remain with the 801 faculty, as set forth in the resolution.

3. Otherwise the determination as to whether the ‘““Seminex”
students meet the requirements of Bylaw 4.15 a | and 2 is a
ministerial and discretionary act on the part of the Board of
Control and/or faculty of Concordia Seminary, St. Louis, 801
DeMun. It is not within the province of the Commission on
Constitutional Matters to review and to evaluate such ministerial
and discretionary functions.

4. The commission holds that the important considerations
are the successful completion of a synodically prescribed course
of study and endorsement of the graduate as being qualified
in every respect for the holy ministry. Such determinations are.
as indicated, ministerial and discretionary functions of the
Board of Control and/or faculty of the institution.

5. A diploma from a seminary not recognized by the Synod
as one of its seminaries is not acceptable for meeting the re-
quirements of Bylaw 4.15 a 1.

May 17, 1974

Opinion re Temporary Placement
of Seminex Personnel

The following question has been raised: “In view of the
stipulations of Bylaw 6.163 (particularly section b, first sentence),
is it permissible for students or graduates of a seminary in exile
to be engaged as ‘pastoral assistants’ by the congregations or
agencies of the Synod without the consent and approval of the
faculty of the appropriate synodical educational institution?”

According to Bylaw 6.163 b such students or graduates can-