WE HAVE THE AUTHORITY AND DUTY TO ARREST MEMBERS OF CONGRESS WHO VIOLATE THEIR OATH OF OFFICE

CONGRESSIONAL 

Violation of Oath of Office 

and 

Walker v Members of Congress

TIME TO REMOVE THESE ILLEGAL MEMBERS OF CONGRESS

 

In refusing to obey the law of the Constitution and call an Article V Convention when required to do so, the members of Congress not only violated federal income tax law but their oath of office as well. The Constitution requires that all members of Congress must take an oath of office to support the Constitution before assuming office. In order to comply with the Constitution, Congress has enacted federal laws to execute and enforce this constitutional requirement.

Federal law regulating oath of office by government officials is divided into four parts along with an executive order which further defines the law for purposes of enforcement. 5 U.S.C. 3331, provides the text of the actual oath of office members of Congress are required to take before assuming office. 5 U.S.C. 3333 requires members of Congress sign an affidavit that they have taken the oath of office required by 5 U.S.C. 3331 and have not or will not violate that oath of office during their tenure of office as defined by the third part of the law, 5 U.S.C. 7311 which explicitly makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government (including members of Congress) to �advocate the overthrow of our constitutional form of government�. The fourth federal law, 18 U.S.C. 1918 provides penalties for violation of oath office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine.

The definition of �advocate� is further specified in Executive Order 10450 which for the purposes of enforcement supplements 5 U.S.C. 7311. One provision of Executive Order 10450 specifies it is a violation of 5 U.S.C. 7311� for any person taking the oath of office to advocate �the alteration ... of the form of the government of the United States by unconstitutional means.� Our form of government is defined by the Constitution of the United States. It can only be �altered� by constitutional amendment. Thus, according to Executive Order 10450 (and therefore 5 U.S. 7311) any act taken by government officials who have taken the oath of office prescribed by 5 U.S.C. 3331which alters the form of government other by amendment, is a criminal violation of the 5 U.S.C. 7311.

Congress has never altered the Article V Convention clause by constitutional amendment. Hence, the original language written in the law by the Framers and its original intent remains undisturbed and intact. That law specifies a convention call is peremptory on Congress when the states have applied for a convention call and uses the word �shall� to state this. The states have applied. When members of Congress disobey the law of the Constitution and refuse to issue a call for an Article V Convention when peremptorily required to do so by that law, they have asserted a veto power when none exists nor was ever intended to exist in that law. This veto alters the form of our government by removing one of the methods of amendment proposal the law of the Constitution creates. Such alteration without amendment is a criminal violation of 5 U.S.C. 7311 and 18 U.S.C. 1918.

In addition, the members of Congress committed a second criminal violation of their oaths of office regarding an Article V Convention call. 5 U.S.C. 7311 clearly specifies it is a criminal violation for any member of Congress to advocate the overthrow of our constitutional form of government. The definition of the word �advocate� is to: �defend by argument before a tribunal or the public: support or recommend publicly.�

The single intent of the federal lawsuit Walker v Members of Congress (a public record) was to compel Congress to obey the law of the Constitution and call an Article V Convention as peremptorily required by that law, the original intent of which has never altered by constitutional amendment. The lawsuit was brought because Congress has refused to obey the law of the Constitution. Such refusal obviously establishes the objective of the members of Congress to overthrow our form of government by establishing they (the members of Congress) can disobey the law of the Constitution and thus overthrow our constitutional form of government.

The word �peremptory� precludes any objection whatsoever by members of Congress to refuse to call an Article V Convention. This peremptory preclusion certainly includes joining a lawsuit to oppose obeying the law of the Constitution and it may be vetoed by members of Congress. That act not only violates the law of the Constitution but 5 U.S.C. 7311 as well. When the members of Congress joined to oppose Walker v Members of Congress their opposition became part of the court record and therefore a matter of public record. �Thus, regardless of whatever arguments for such opposition were presented by their legal counsel to justify their opposition, the criminal violation of the oath of office occurred because the members of Congress joined the lawsuit to publicly declare their opposition to obeying the law of the Constitution.

A Quick Summation Of The Walker Lawsuits

 

A summation absent any references of the two Walker lawsuits, Walker v. United States and Walker v. Members of Congress is as follows:

A federal district court in Seattle ruled in Walker v. United States (2000) that the Congress could disobey the law of the Constitution under the political question doctrine. The district court ruled the plaintiff had no standing to sue and therefore the court had no jurisdiction to issue a ruling in the suit. Nevertheless court issued its political question doctrine ruling, which had never been issued by any court previously regarding the convention call based on an advisory opinion issued by the Supreme Court. Advisory opinions have no force or weight of law. This advisory opinion also stated that any decisions based on its recommendations would also be advisory. Thus, the original intent of the Constitution, that Congress was peremptorily required to call a convention, remain untouched.

In Walker v. Members of Congress (2004), the members of Congress voluntarily and deliberately joined a federal lawsuit to oppose obeying the law of the Constitution. The attorney of record provided written proof in open public court that as a matter of public record that each member of Congress individually made this decision. It is against federal criminal law for any member of Congress to join a federal lawsuit to advocate such action or to advocate such a position.

The attorneys of record for the members of Congress based their actions in the Walker v. Members of Congress lawsuit on an advisory opinion issued by the Supreme Court of the United States. The Court, in that advisory opinion, stated that decision, and any subsequent decisions related to the amendatory process, was given �wholly without constitutional authority� meaning the advisory opinion on which the attorneys of record based their actions had no force or weight of law whatsoever thus leaving the peremptory original intent of the Constitution intact.

As a result of these actions by the member of Congress� attorney of record, federal law required the Attorney General of the United States write for the public record, a report to Congress explaining the reasons why the law of the Constitution can be disobeyed by members of Congress, who made this decision and when it was made. The public report, by law, was required to be submitted to Congress before final arguments in the appeal process of Walker v. Members of Congress were concluded thus giving their attorneys the opportunity to �change their mind� if so instructed by their clients, the members of Congress. The members did not so instruct their attorney of record.

Walker v. Members of Congress was appealed to the Supreme Court. Federal law requires that all facts and law submitted in writs of certiorari by the plaintiff (appellant) to the Supreme Court must either be (1) waived, meaning the defendant (appellee) in the lawsuit admits as a matter of fact and law that the statements made by the plaintiff are true and correct or (2) opposed, in which case federal law requires the defendant give the reasons why the alleged facts and law are not true and correct.

The attorney of record for the members of Congress, the Solicitor General of the United States acting in his official capacity, waived challenging the facts and law presented by the plaintiff in the Walker v. Members of Congress writ of certiorari. The writ of certiorari is public record. The members of Congress (acting through their attorney of record) therefore admitted in open court for the public record that the following is true and correct as a matter of fact and law:

(1) that under Article V of the United States Constitution, Congress is required to call an Article V Convention if two-thirds of the state legislatures apply for one;

(2) that the Article V Convention call is based on a numeric count of applying states;

(3) that all 50 states have submitted 567 applications for such a convention;

(4) that an Article V Convention call is peremptory on Congress;

(5) that the political subject matter of an amendment application is irrelevant and does not effect Congress� obligation to call an Article V Convention;

(6) that the refusal of the members of Congress to obey the law of the Constitution and immediately call a convention is a violation of their oath of office as well as a violation of federal criminal law and;

(7) that by joining a lawsuit to advocate in open public court they can ignore, veto, disobey or otherwise thwart a convention call, the members of Congress violated federal criminal law.

  

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SO IT IS TIME NOW TO MARCH ON WASHINGTON AND REMOVE EVERY ILLEGAL MEMBER OF CONGRESS. THEY ARE NOT THE MASTERS OF THE COUNTRY. WE ARE!