Strawman theory

Strawman theory traces its origins to the ancient Roman legal practice of capitis deminutio ("decrease of head"), a term used in Roman trials for the extinguishment of a person's former legal capacity. Capitis deminutio minima meant a person ceased to belong to a particular family, without loss of liberty or citizenship. Capitis deminutio media involved loss of citizenship and family, but not liberty. Capitis deminutio maxima involved loss of family, citizenship and liberty (i.e., a slave or a prisoner of war).[5] Strawman theory commonly takes the term capitis deminutio, spells it "Capitis Diminutio," and claims capitis diminutio maxima was represented by an individual’s name being written in capital letters. This led to the idea that individuals had a separate legal personality now called a "strawman".[6]

The theory holds that an individual has two personas. One of them is a physical, tangible human being, and the other is the legal person, often referred to as a legal fiction. When a baby is born in the U.S., a birth certificate is issued, and the parents apply for a Social Security number. Sovereigns say the government uses that birth certificate to set up a secret Treasury account which it funds with an amount ranging from $600,000 to $20 million, depending on the particular sovereign belief system. Hence, every newborn's rights are split between those held by the flesh-and-blood baby and the corporate shell account.[1]

Proponents of the theory believe the evidence is found on the birth certificate. Because many certificates show all capitals to spell out a baby's name, JOHN DOE (under the Strawman theory) is the name of the "straw man," and John Doe is the baby's "real" name. As the child grows, most legal documents will contain capital letters, which means that his state-issued driver's license, his marriage license, his car registration, his criminal court records, his cable TV bill, correspondence from the IRS, etc., pertain to his strawman and not his sovereign identity.[1] In reality, the use of all capital letters is typically done to make certain statements clear and conspicuous, although this is not always the case.[7]

The main use of strawman theory is in escaping and denying debts, liabilities and legal responsibility. Tax protesters, "commercial redemption" and "get out of debt free" scams claim that one's debts and taxes are the responsibility of the strawman and not of the real person. They back this claim by misreading the legal definition of person[8] and misunderstanding the distinction between a juridicial person[9] and a natural person.[10] In accepted legal theory there is a difference between what is known as a natural person and that of a corporate person. A corporate personhood applies to business, charities, governments and other recognized organisations. Courts recognize human beings as 'persons', not as a legal fiction joined to a flesh and blood human being but as one and the same.[11] They have never recognized a right to distance oneself from one's person, or the ability to opt out of personhood.[12]

Believers of the theory also extend it to law and legal responsibilities, claiming that only their strawman is required to adhere to statutory laws. They also claim that legal proceedings are taken against strawmen rather than persons and when one appears in court they appear as representing their strawman. The justification for this is the false notion that governments cannot force anybody to do anything. A strawman therefore created which the adherent believes he or she is free to command. Proponents cite a misinterpretation of a passage in chapter 39 of King John's Magna Carta stating in part that, "no freeman will be seized, dispossessed of his property, or harmed except by the law of the land”.[13]

Freemen believe that separating from their strawman or refusing to be identified as such enables escape from their legal liabilities and responsibilities. This is typically attempted by denying they are a 'person' in the same way as their strawman, or by writing their name in non-standard ways, using red ink, and placing finger prints on court documents.[14]

Judge Norman K. Moon found such tactics an unconvincing argument in 2013 when an individual named Brandon Gravatt tried to overturn a drug conviction and get out of prison. The case was summarily dismissed by the court.[15]

It is impossible to dodge the law by insisting that an individual is different from his or her person. If a court can establish a person's identity, regardless of consent or cooperation, the court will engage in proceedings and sanctions against the individual. This is due to the legal principle known as Idem sonans (Latin for "sounding the same") which states that similar sounding names are just as valid in referring to a person.[16] The earliest legal precedent is R v Davis in the United Kingdom in 1851.[17]

If two names spelt differently necessarily sound alike, the court may, as matter of law, pronounce them to be idem sonantia; but if they do not necessarily sound alike, the question whether they are idem sonantia is a question of fact for the jury.

• Freeman on the land
• Pseudolaw
• Sovereign citizen
• Tax protester
• Legal person