Dear Neal,
I want to thank you for all the work you have done to establish democracy in America. Your years of dedication to this cause deserve praise.
But you have made one fatal mistake. You missed the insight of the grandfather of the attack on the Electoral College. You say that the Electoral College is “archaic” and “unfair.” Lucius Wilmerding said that it was “unconstitutional.”
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 Constitution.[i][i]
If the Electoral College were merely “archaic” and “unfair,” it can only be abolished through the Legislative process. But since the Electoral College is “unconstitutional,” it can be abolished in a court of law by a lawsuit. Quok Walker v. Jennings, (Mass. Sup. Court, 1783); Dred Scott v. Sanford, 19 How. 399, 660 (1857); “The Dred Scott Case,” by Bruce Catton, in Quarrels That Have Shaped the Constitution, Harper and Row: New York (1962).
I have been working to this end for the past decade. Henderson v. The Electoral College, U.S.D.C.Central District No. 00-12445 (BQRx)(filed November 22, 2000); Phillips v. Electoral College, U.S.D.C. for Northern California, No. C01-0011, WHO, 9th Cir. No. 01-16475 (filed January 3, 2001); Gary Michael Coutin v. The Electoral College et al, U.S. District Court of California, Central District No. 8:2004cv01259 (Filed October 29, 2004); Coutin v. Miller, Eighth District No. A572629 (filed and served September 30, 2008); Perkel v. United States of America, U.S.D.C. Nor. Cal. C 00-4288 SI (November __, 2000; denied January 9, 2001);Gordon v. Biden, Case No. 09-5142, C.A. No. 08-1294 (HHK); Asa Gordon, Pro Se, DC Presidential Elector, Chair, DC Statehood Green Party Electoral College Task Force, Exe.Dir. Douglass Institute of Government v, The Honorable Lorraine C. Miller, Clerk of the U.S. House of Representatives, United States District Court, For The District Of Columbia Case: 1:11-cv-0003 (1/3/2011).
I have recently proposed to file a lawsuit to resolve the question which triaggered the Civil War. http://www.roseanneworld.com/
Is the Declaration of Independence the Supreme Law of the Land? Because if it is, the Electoral College is null and void.
Gary Michael Coutin, Esquire
