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Strawman theory

The strawman theory is a pseudolegal conspiracy theory originating in the redemption/A4V movement and prevalent in antigovernment and tax protester movements such as sovereign citizens and freemen on the land. The theory holds that an individual has two personas, one of flesh and blood and the other a separate legal personality and that one's legal responsibilities belong to the strawman rather than the physical individual.

Origin
The theory appeared circa 1999–2000, when it was conceived by North Dakota farmer turned pseudolegal activist Roger Elvick. A sovereign citizen and tax protester, Elvick was already the primary originator of the redemption movement. The strawman theory overlapped with those of the redemption movement: it eventually became a core concept of sovereign citizen ideology, as it connected their pseudolegal beliefs through an overarching explanation. ==Assertions==
Assertions
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. The strawman theory is coupled with the belief that the government is actually a corporation. Said corporation is supposedly bankrupt and uses its citizens as collateral against foreign debt. After each person's strawman is created through their birth certificate, a loan is taken out in the name of the strawman. The proceeds are then deposited into the secret government account associated with the fictitious person’s name. Proponents of the theory believe the evidence is found on the birth certificate itself. 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. The theory is also based in part on a misinterpretation of the Uniform Commercial Code, which provides an interstate standard for documents such as driver's licenses or for bank accounts: adherents to the theory see this as evidence that these documents, and the associated laws and financial obligations, do not apply to them, but instead to the "straw man". One scheme, notably advocated by sovereign citizen theorist David Wynn Miller, involves adding punctuation—typically hyphens and colons—to one's name: Miller would write his name as :David-Wynn: Miller or David-Wynn: Miller and verbally said it "David hyphen Wynn full colon Miller". Russell Porisky, a Canadian tax protester who emulated Eldon Warman's ideas, His concepts relied on a misinterpretation of the definition of a "person" in section 248(1) of the Canadian Income Tax Act, which he combined with the strawman theory. Porisky was convicted in 2012 of tax evasion and was sentenced in 2016 to five and a half years in prison. 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 is 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”. Adherents to the theory 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. The use of thumbprints and signatures in red ink, in particular, is meant to distinguish "flesh and blood" people from the "strawman", since black and blue inks are believed to indicate corporations. The theory also holds that even after "removing" their strawman, people must remain cautious and take steps to avoid recognizing the validity of government regulations, which would make them succumb to another "invisible contract", experience "joinder" and thus fall back under government authority.) can be used to pay one's taxes, debts and other liabilities by simply writing phrases like "Accepted for Value" or "Taken for Value" on the bills or collection letters, or that the strawman's funds are accessible through the use of certain forms and securities. Such schemes are commonly known as A4V. One purported "redemption" method for appropriating the money from the alleged secret account is to file a UCC-1 financing statement against one's strawman after having taken the steps to "separate" from it. His arguments were rejected by Canadian provincial and Federal courts. ==Legal status of the theory==
Legal status of the theory
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. They have never recognized a right to distance oneself from one's person, or the ability to opt out of personhood. In 2010, Canadian tax protester and vexatious litigant David Kevin Lindsay appealed his 2008 conviction and sentencing on five counts of failing to file income tax returns, on the ground that he was not a "person" as defined by the Income Tax Act. Lindsay's argument was that he had opted out of "personhood" in 1996, which made him "a full liability free will flesh and blood living man". The Supreme Court of British Columbia rejected his claims, commenting that "The ordinary sense of the word 'person' in the (Income Tax Act) is without ambiguity. It is clear that Parliament intended the word in its broadest sense." In 2012, Associate Justice John D. Rooke of the Court of Queen's Bench of Alberta addressed the strawman theory in detail in his Meads v. Meads decision, concluding: 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. In 2016, a billboard campaign promoted the "legal name fraud" theory in the United Kingdom. Lawyer David Allen Green commented that the theory was "complete tosh" and potentially harmful to litigants who would use it in court: "If people try to use such things to avoid their legal obligations they can end up with county court judgments or even criminal convictions. You may as well walk into court with a t-shirt saying 'I am an idiot'." In 2021, the District Court of Queensland dismissed an application that relied on the strawman theory, commenting that this argument "may properly be described as nonsense or gobbledygook". The court also pointed out that the strawman scheme, if it had any legal validity, would have adverse consequences for those affected: Likewise, Donald J. Netolitzky has stressed that: 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. ==References==
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