PR0CEEDINGS OF THE FORTY-FIFTH REGULAR CONVENTI0N
of
THE LUTHERAN CHURCH-MISSOURI SYNOD
[Cleveland 1962]

COMMITTEE 6-Constitutional Matters

Constitutionality of Resolution 9 of Committee 3 of the 1959 Synodical Convention [San Francisco]

WHEREAS, The confessional basis which all members of The Lutheran Church-Missouri Synod are bound to accept without reservation is set forth in Article II of the Constitution of the Synod, namely: the Holy Scriptures and the Symbolical Books of the Lutheran Church (see Reports and Memorials "Reference Material" [yellow], p. 3); and

WHEREAS, Article VI of the Constitution of the Synod prescribes that one of the conditions for acquiring and holding membership in the Synod is: "Acceptance of the confessional basis of Article II," which Article prescribes only the Holy Scriptures and the Symbolical Books of the Lutheran Church; and

WHEREAS, The Synod at its 1959 convention, in answer to a question as to the binding force of statement on doctrine and practice, passed a resolution known as Resolution 9 of Committee 3, declaring that the Synod's pastors, teachers, and professors are held to teach and act in harmony with every doctinal statement of a confessional nature adopted by the Synod, as a true exposition of the Holy Scriptures, which are to be regarded as public doctrine (publica doctrina) (see Reports and Memorials [yellow], "Reference Material" p. 22); and

WHEREAS, Questions have been raised as to whether this resolution, by making such doctrinal statements binding on members of the Synod, is not thereby requiring members of the Synod to subscribe to doctrinal statements additional to those which are required by the Constitution of the Synod and therefore has the effect of amending the Constitution by a simple resolution; and

WHEREAS, Article XIV of the Constitution of the Synod provides that an amendment of the Constitution requires a two-thirds majority vote of all votes cast and submission to all congregations of the Synod; and

WHEREAS, The Synod has been requested to declare Resolution 9 unconstitutional because (1) it has the effect of amending the Synod's Constitution and (2) was not submitted as an amendment as required by Articlc XIV; and

WHEREAS, The doctrinal content or the Scriptural correctness of any doctrinal statements is not being judged or questioned in the consideration of the constitutionalitv of resolution 9, but the question of constitutionality is confined to proper procedure, as fully set forth in the supplemental report of the standing Committee on Constitutional Matters, in which the committee rendered the opinion that Resolution 9 is unconstitutional (see Unprinted Memorial 601-A); and

WHEREAS, Your Floor Committee 6 of this convention is in agreement with the opinion of the standing Committee on Constitutional Matters; therefore be it

Resolved, That the Synod declare Resolution 9 of Committee 3 of the 1959 synodical convention unconstitutional on the ground that said resolution has the effect of amending the confessional basis of the Constitution of the Synod without following the procedure required by Article XIV of the Constitution.

Action: This resolution was adopted.