Coutin, Gary Michael
August 9, 1947 – August 27, 2012
From a heart attack. Gary was ASB President at Glendale High, graduated Stanford University, and Hastings Law School. Following his own lights, driven by his unrelenting passion, he fought for electoral reform the rights of the oppressed. He is survived by five brothers, one sister, four nephews, six nieces, two great-nephews and one great-niece.
Funeral Services to be held at Home of the Peace on Sunday, September 9th at 10.OO AM.
Coutin, Gary Michael
The Electoral College violates the Declaration of Independence and the self-evident truths it expresses: The Declaration is the Supreme Law of the Land.
The Slaveholder’s Constitution of 1787 was written by slaveholder’s for a government of slaveholders for the benefit of slaveholders.
The Constitution not only established the government but it rigged the government for the benefit of the one percent of the people that owned slaves.
The Slaveholder’s Constitution of 1787 also rigged the means of amending the Constitution so that it would not be possible for the national government to eliminate slavery by amending the Constitution.
Slaveholder’s Constitution of 1787 ceased to have any legitimacy when the Slaveholders launched the War of the Slaveholder’s Rebellion we call the Civil War.
The Slaveholder’s Constitution of 1787 was replaced by the People’s Constitution of a government of the people, by the people and for the people.
The Electoral College is not only a relic of slavery from the past but it is a mechanism of slavery in the present.
The Judiciary has jurisdiction to rule the Electoral College “unconstitutional” because the alternative to adjudication is a resumption of the Civil War and the courts are an alternative to violence.
Lawsuit will be filed in Philadelphia. Electoral college violates the declaration of independence. Declaration of independence is the law of the land. One document 1787 (Constitution – 3/5ths of a human) and one in 1776 (Declaration – all men created equal) both in the same room in Philadelphia. This is the issue that started the Civil War that Abraham Lincoln said that the Declaration was the law of the land. This was settled on the battlefield. And the constitution was later reconstituted.
We’re not under the old constitution any more. We’re under a new constitution. He can’t find a single court that says the Declaration is not the law of the land. Even Dred Scott. It implies that it is but it doesn’t cover the African Americans because they were brought here as articles of commerce as property. That is the slave-owner point of view but that decision was never overturned. Dred Scott is still the law of the land. But Dred Scott does accept that the Declaration is the supreme law of the land — but it qualifies it and says that Africans are not people and the Declaration wasn’t intended to apply to them. Well the Declaration says that “all men are created equal” and all means all.
That’s the essence of the lawsuit and it’s never been involved. He will file the lawsuit in a state court in Philadelphia testing whether the Declaration of Independence is the supreme law of the land. Filed July 4th.
The argument is 800 pages long. He’s going to have to get it printed and copyrighted before he files it. Gary doesn’t have any dates in mind.
THE SECOND part of the litigation would be to file another lawsuit in West Virginia. And the West Virginia lawsuit is that under the old constitution West Virginia doesn’t exist and shouldn’t have any electoral votes. The old constitution said that no state shall be divided and Virginia never agreed to be divided.
Gary started working on this in the year 2000 the day after the election. “I knew then that the Electoral College was the enemy. It was plain to see. Everything looked fine, the future looked bright. Al Gore had a half million votes more and the the Electoral College reared it’s head and bankrupted the country.”
THE THIRD lawsuit has to do with the fact that when the Republicans were fighting the Civil War, they changed the Enabling Act — the statute in which congress enables a state to be formed. It started with Nevada in 1864 and every state after that every state should be consistent with the Declaration of independence. In other words, the Enabling act admits that the Declaration of Independence is the law of the land. He went to Nevada and filed the lawsuit four years ago and they changed judges on him. They took away the black judge and gave him a woman from Virginia. When he said “of by and for the people,” she said “that’s just a politician speaking.” “I want to take away the electoral votes of all the Rocky Mountain States because the electoral votes contradict the declaration of independence. You take away the electoral votes of all those Rocky Mountain states plus Alaska and Hawaii and the Electoral College will collapse.
He wants to hold a press conference in each of those states and start a mass movement of people filing lawsuits against the Electoral College. He wants to start this movement before this election.
“I’m working for the people of the United States and they don’t even know it. The powers that be put me in the dark and the press won’t cover it.”
The electoral college was designed to put the slave-holders in control of the government and the slaveholders were the 1%. At the time of the Civil War, there were only 300,000 actual slave-holders and the U.S. population was over 30,000,000. They were the 1% but they controlled the whole government — supreme court, half the senate and 2/3 of the democratic party. That was the original 1%. As the country became more industrialized, the capitalists fought it out with the agrarian south. … The emergence of the majority is what caused the Civil War.”
The constitution was a dictatorship. There was no bill of rights. They only reason we have the amendments is peoples the people would not pass a constitution of dictatorial powers without the bill of rights. It was a dictatorship.
I’m completely out of the mainstream. I’m challenging all of academia and the whole legal system. The only person would would understand me is Abraham Lincoln. What I’m challenging is the whole accepted view of the history of the United States. To me, it’s obvious, but it’s against the established way of thinking. I’m like a stranger in my own country. The electoral College is unconstitutional. And the country landed in the hands of literally an enemy who sabotaged our country and our well-being. The upcoming election is a sham election. We’re still operating under the Electoral College. It doesn’t matter how you vote in California and Texas. Two thirds of the peoples’ votes already don’t count. That’s a sham election. As they tell us on ABC, “Your Voice, Your Vote.” What a crock of shit. Only if you’re in a swing state. I want to change the entire dynamic. All the votes count. Every vote by every American everywhere counts — if I can knock out the Electoral College. Is that having an impact? I think so.”
Men in Black broke his ribs while he was homeless in San Francisco. Made his way down to Orange County where he was sleeping behind grocery stores and parking lots, etc. He’s been homeless for ten years. “My case was going to the Supreme Court. They had to stop me. That’s when I became homeless.
I am the attorney vox populi speaking for the
majority to vote directly and equally for the President as set forth in the
Declaration. I have been suing the Electoral College since November 2000
when the Electoral College threatened to reverse the vote of the American
people. This is illegal. Andrew Jackson said it was illegal 180
To the people belongs the right of electing
their chief magistrate; it was never designed that their choice should, in any
case, be defeated, either by the intervention of electoral colleges, or by the
agency confided, under certain contingencies, to the House of Representatives.[i]
The Electoral College is a device of the one
percent to reduce the 99% to a state of slavery, for if you cannot vote
for the President, then you are nothing but a slave. The Electoral
College is unconstitutional.
…Let all the
votes of all the voters be collected in one general return; and let the
election be decreed to him who has a majority of the whole.[ii]
The Constitution (e.g., the Electoral College)
denies the American people the right to vote for the President and then gives
the weight of the vote unequally (e.g., depending upon the place where the vote
is cast). This is a violation of the Declaration. If the
Declaration is the Supreme Law, then the Electoral College is
The law of the
Electoral College violates the Constitution itself. For if the majority of the
people, could by mutual agreement enter into a binding social compact, then
certainly a majority of the country could by direct and popular vote choose the
leader of the executive branch of government established under that
The Electoral College is inextricably tied to
slavery in its origins. In 1958, a
political scientist from Princeton named Lucius Wilmerding so concluded that
the Electoral College was “unconstitutional.” [iv] Wilmerding had spent years researching the Electoral College as a
consultant to Congress. He tied
the Electoral College its distortions to slavery and succinctly described the
Negro Slush Fund created by the Electoral College:
Slaves could not vote, but in the basis of
representation five slaves counted for three freemen. Had the national plebiscite system prevailed in the election
of the President, the Southern states would have lost the privilege allowed
them by the Constitution of votes upon three fifths of their population other
Later on, the difficulty became, if
anything, even more obvious. The
Thirteenth Amendment abolished slavery.
In so doing, it added to the Southern bass of representation two fifths
of the former slaves.[v]
As long as the Electoral College exists we
are nothing but slaves. If you have no rights to vote for the Chief
Magistrate then you have no rights at all. Six amendments to the Constitution say that there is a
“right to vote.” But the Supreme
Court said that you have no “right” to vote for the President in Bush v.
The 1% in 1787 demanded and obtained
“protection for their property.” (e.g., protection for
slavery) at the Constitutional Convention. 1) the right to go to African
and engage in war upon innocent people, and to kidnap them by force and
violence and bring them to America (international slave trade); 2) to reduce
those captured and held illegally into “property” by denying them the freedom
of movement; 3) using that “property” in slaves which only slave owners possess
into political power against the will of the slave and without consent of the
governed at 40% (e.g., the 3/5 clause) for representation in Congress; 4) and
converting that unwarranted representation in the House into unwarranted voting
power for the President.
E.G., say Thomas Jefferson had a hundred slaves. When he voted for himself to be
President, the weight of that vote was 61, because he had his own vote (one)
and 60 for the 100 slaves reduced by the three fifths factor). This was the original package of
subsidies to slavery in the Slaveholder’s Constitution written by slaveholders
for a government of slaveholders for the benefit of slavery.
At the time of the Civil War, 70, 000 slaveholder
owned 80% of the land in the South and that was disproportionately the best
ownership of this land (and the slaves to run it), they controlled the state
legislatures. The state
legislatures at that time appointed Senators. So the Slaveholders controlled the Senate, unwarranted
votes in the House, unwarranted power in the election of the President, and
therefore the Supreme Court. In
other words, the four pillars of slavery “rigged” the government for the
benefit of the 70,000 slaveholders.
Now slavery was not ended by amendment. It was ended by Civil War and then
reinstituted by Jim Crow laws enacted by the same slaveholders after the Civil
War who ignored the existence of amendments 13, 14, and 15.
The four pillars of slavery are called the Negro
Slush Fund as it takes the right to representation due to African Slaves and
converts that right of representation into representation of the white slave
master. This “rigs” the
So why not amend the constitution to get rid of
the Negro Slush Fund (and the four pillars of slavery including the Electoral
College). Because of a
hidden pillar of slavery, the fifth pillar). The mode of amending the Constitution is also rigged” to
prevent you from getting rid of the rigging of the government by the Negro
You can’t end slaveryexcept by civil war.
And by parallel construction, you can’t end the Electoral Collegeexcept by civil war. Or you can file a lawsuit
in a court of law to end the Electoral College to declare the Electoral College
unconstitutional as a violation of the Declaration of Independence. The action should be filed in
Philadelphia because that is where both the Declaration of Independence and the
For if the Declaration is true, the Electoral
College is false. As the
Declaration was to be law for all people at all times in all places, there is
no time place or people bound by the Electoral College. The Electoral College is an
ongoing crime against the people of the United States.
Jackson, Recommendation to Congress (December 8, 1829). See “The Addresses and Messages of
the Presidents of the United States,” New York (1842), at p. 359. In TheExecutive Power
In the United States: A Study of Constitutional Law,
by Adolphe de Chambrun, Translated from the Original French by Madeleine Vinton
Dahlgren, Inquiry Printing and Publishing Company: Lancaster, Pa. (1874), at p.
42. In the first seminal study of
the electoral college, a political scientist from Princeton named Lucius
Wilmerding, Jr., concluded that: “The Electors were never meant to choose
the President but only to pronounce the votes of the people.” The Electoral
College, by Lucius Wilmerding, Rutgers University Press: New Brunswick,
Electoral College, by Lucius Wilmerding, Rutgers University
Press: New Brunswick, N.J. (1958), at p. 95.
Electoral College, by Lucius Wilmerding, Rutgers University Press: New
Brunswick, N.J. (1958).
Wilmerding was one of the most original characters to graduate Princeton in
1927. As an undergraduate was a
member of the varsity chess club and a clearheaded thinker. His subsequent
career included 10 years of distinguished service with the Treasury Department,
work for the city of New York, and service as a naval staff officer in England
during World War II. He later
taught at the Army/Navy staff college.
A prolific writer and a nationally recognized authority on the origins
of the Constitution, Lucius, following the war, became a fellow at the
Institute for Advanced Study. http://www.princeton.edu/~paw/archive_old/PAW97-98/09-0211/0211cns.html.
Electoral College, by Lucius Wilmerding, at p. 100.
Dear Press of Philadelphia,
I learned your names and emails during the recent fight to alter the Electoral College law of the State of Pennsylvania. This effort to rig a two hundred old law by partisans for partisan advantage got me to thinking that the law governing the election of the highest official of the nation should rest upon the self-evident truths of the Declaration of Independence.
What better place to hear a lawsuit than on the Declaration of Independence than Philadelphia, home of Independence Hall and the Liberty Bell. Home of the place where the Constitution was written. In Pennsylvania, home to the battle field where the proposition was to be tested whether a nation dedicated to the proposition that all men are created equal could long endure.
This lawsuit will be the last battle of the Civil War. This lawsuit will be the last battle of the American Revolution. Is the Declaration of Independence the Supreme Law of the Land, superior to the Constitution of 1787 where the two are inconsistent and repugnant to one another? That is the question.
I have written many articles and books on the subject. I will be sharing them over the next few days.
I have been suing the Electoral College since November 2000. This lawsuit is sponsored by Roseanne Barr as part of her political campaign for the Presidency on the Green Party Ticket. Her platform is that the Declaration of Independence is the Supreme Law of the Land, superior to the Constitution of 1787. Abraham Lincoln thought so as well. He said so at Gettysburg, Pennsylvania.
Third parties led the movement which led to the direct vote for Senators and the votes for women. Don’t speak too soon. The wheel’s still in spin. And there’s no telling who it is naming.
Gary Michael Coutin