The Admission As To Fact And Law

 

In waiving any challenge that any misstatement of fact had been asserted by Mr. Walker in Walker v Members of Congress, the Solicitor General admitted it was a fact the Article V Convention call was “peremptory.” This admission alone resolves any question of fact or law. The definition of the word “peremptory” a legal term applying to the interpretation of law, removes any other possible interpretation of the law, meaning in the case of an Article V Convention call, Congress has no option whatsoever but to call a convention if the proper number of states apply for a convention call. As the Solicitor General agreed by the action of his waiver this fact was not a misstatement, he conceded not only the fact but the interpretation of law as well.

 

The importance of this concession cannot be overemphasized. Not only did the Solicitor General state as a attorney of record that Congress must call a convention but he also stated on what terms that convention call must be issued which is a simple numeric count of states. Thus, Congress, by its own admission as stated by its attorney of record, has taken the public record position that it must call a convention and that such a call is based solely, entirely and exclusively on a numeric count of applying states. The term “peremptory” removes any discretion for to determining whether an application is “authentic”, “valid”, “contemporaneous”, “same subject” or any other subjective, politically motivated, standard that can be used by Congress to deny the people their right to an Article V Convention as these standards are not “peremptory.”

 

Therefore it is entirely proper, in fact, it is improper, not to state that the Solicitor General acting in his official capacity and as attorney of record admitted the asserted facts and law stated by Mr. Walker were true and correct as to fact and law. This is not only because the federal law itself describes this, but because what was conceded by his act of waiver, that is that a convention call is peremptory, requires the statement to be made regarding both fact and law in order for that statement to be accurate.