A Road Map To Understanding The Present Legal Status of Americans Today
The Twin You Never Knew You Had
As a child, you have had an imaginary friend. You may be surprised to learn that evidence exists that you have had a make-believe twin from the time your mother and father permitted a Birth Certificate to be filed for you. This make-believe friend is not real, but artificial. It is a straw man, an artificial entity that has a name very similar to yours.
“A ‘front’; a third party who is put up in name only to take part in a transaction. Nominal party to a transaction …” [Black’s Law Dictionary, 6th Edition]
“The term is also used in commercial and property contexts when a transfer is made to a party, the straw man, simply for the purpose of retransferring to the transferor in order to accomplish some purpose not otherwise permitted.” [Barron’s, 3rd Edition]
So, in layman’s terms, what is a straw man? The straw man is an artificial person. The straw man was created by law shortly after you were born via the registration of the application for your birth certificate. The name for the straw man is your name in ALL CAPITAL LETTERS. You will notice that the inscription on the birth certificate is your name in all-capital letters.
The English language has precise rules of grammar that make no provision for writing proper nouns in all-capital letters. So, your name spelled with all-capital letters is a fictitious name. Your straw man has a same-sounding name as your name, but is an artificial entity which exists only “by force of or in contemplation of law.” The all-caps name is not your “true name” which consists of the given (Christian) name plus the surname (family name), and appears with only initial letters capitalized. The all-caps version of your name is a TRADE NAME, the name under which you “do business.”
The Twin You Never Knew You Had
“Person. 1. a human being. 2. An entity (such as a corporation) that is recognized by law as having the rights and duties of a human being…” [Blacks Law Dictionary, 7th Edition]
The straw man may also be said to be an “artificial person” which is also defined in the legal dictionary.
“An entity, such as a corporation, created by law and given certain legal rights and duties of a human being; a being, real or imaginary, who for the purpose of legal reasoning is treated more or less as an human being. – Also termed fictitious person; juristic person; legal person; moral person.” [Blacks Law Dictionary, 7th Edition]
A straw man may also be thought of as a “legal fiction.”
“Legal fiction. Assumption of fact made by court as basis for deciding a legal question. A situation contrived by the law to permit a court to dispose of a matter …” [Black’s Law Dictionary 5th Edition]
As we explore further, we must distinguish between the straw man (an it or person), and the real, flesh and blood being (human being) which we will call a “man.” “Man” has a legal definition.
“A human being. A person of the male sex. A male of the human species above the age of puberty. In the most extended sense the term includes not only the adult male sex of the human species, but women and children. … In feudal law, a vassal; a tenant or feudatory.” [Blacks Law Dictionary, 5th Edition]
So we conclude that “man” is a term of nature. But who created nature? Some would say God, others would say the Creator (a term often used by the founder of our country), while others might hold a different view. On the other hand, we see “person” as a term of the civil law. Who is the creator of civil law?
“Civil law … a rule of civil conduct prescribed by the supreme power of a state … the civil or municipal law of the Roman empire.” [Ballentine’s Law Dictionary, 3rd Edition]
So kings, emperors or legislative bodies acting a sovereign capacity are the “creators” of civil law. When our government acts as a sovereign, it is acting outside it’s constitutional authority.
So we see that a man and a person are very different terms identifying very different things. If you study Roman civil law, you will see that it originates and uses fictions of law – that is, concepts that are contrary to the natural order of things, and based upon presumptions that are untrue. You will realize that this person recognized in the civil law is a fictional entity. You will come to see the vast difference between man and person. So the straw man is a person, a public name that is recognized in a civil society.
We’ve mentioned “legal fiction” and “fiction of law”, so let’s see how these are defined.
“Fiction of law. An assumption or supposition of law that something which is or may be false is true, or that a state of facts exists which has never really taken place. An assumption, for purposes of justice, of a fact that does not or may not exist. A rule of law which assumes as true, and will not allow to be disproved, something which is false, but not impossible.” [Black’s Law Dictionary 5th Edition]
This distinction between a man and a person is a difficult concept to grasp. But a proper understanding of the relationship between the government, the man and the straw man is essential to gaining increased freedom.
While the concept of these relationships is very simple, there are some foundational principles that must be explored.
We have mentioned that the straw man is an artificial entity or person. But there are several types of organizations or artificial entities. There are corporation soles, aggregate corporations, municipal corporations, revocable living trusts (sole), and unincorporated business organizations. Many people use these entities for various reasons including maintaining personal control over their assets; protection from lawsuits and judgments; avoidance of probate; avoidance of estate taxes; reduction in tax liability; and many other reasons. We will look into the difference between a sole entity and an aggregate entity; the construction of these entities and the results of that construction as it apply to the straw man.
In all organizations there are two basic operational positions:
- The stock holder/owner/beneficiary (we will call this the beneficiary position); and
- The officer/president/chairman/trustee (we will call this the operational position)
A sole corporation, as defined by Black’s Law Dictionary, is one consisting of one person only and his successors in some particular station, who are incorporated by law in order to give them some legal capacities and advantages, particularly that of perpetuity, which in their natural state as persons they could not have.
In a corporation sole, one person holds both operational positions of the organization. A corporation sole may be established under legislative authority. It is considered by statute a citizen of the government. As such, the safe guards of the bill of rights do not extend to corporate soles. The courts have warned that statutory licensed sole proprietorships are in a fact a government agency by definition of how they are created. Most people who chose a sole organization do so because they maintain personal control over their assets.
An aggregate corporation such as corporations or business trusts, according to Black’s Law Dictionary, is composed of a number of individuals vested with corporate powers. With an aggregate organization, different parties must hold the beneficiary and operational positions. If the same party holds them, they are a sole organization. Family members are always counted as one party, therefore would be a sole organization. In an aggregate organization, the one who is in control is immune from damages or liabilities of the beneficiaries. In an aggregate corporation, the holder of the first operative position controls the assets for the holder of the second operative position. The control of the assets has been turned over to someone else’s control.
The founder of the wealthy Rockefeller family said one his secrets to wealth was to “own nothing, but control everything”. In other words, always function from an aggregate relationship. Do not own the straw man; control the straw man.
If you are not the beneficiary/owner of the straw man you are not liable for his debts or obligations. If you are in control, you have the highest lien hold interest on the straw man; you must be paid before anyone else collects from the straw man, and you cannot go to jail for his misdoing. A look at the structure of the straw man entity shows the ownership/control relationship, and which position it is best to hold.
Prior to the redemption process [redemption is a term used among freedom loving people to describe the process of regaining control of your straw man], the man is considered both a beneficiary in the relationship and surety for the straw man. After redemption, the man is no longer a beneficiary, and is no longer surety. After redemption, the man is the controller and creditor with the highest lien hold interest in the straw man. The man is now in an aggregate relationship with the straw man. He does not own the straw man but he controls the straw man by the primary lien hold interest.
The Importance of “Redemption”
In this country, the power was granted to government by the people. Power is granted to the government by the people individually – to create States, and by the people as a whole to create the National government. Once the people decided individually to create States, they can only change the policy or law of the State as people collectively. That is because they have agreed to become part of the public.
They are one person in a larger body of people that act collectively. The people are in the State and National government at that same time. The public government is an artificial entity. The government is owned and controlled by the same people. So the government is a sole organization, not an aggregate organization. As long as a man is dealing publicly, he is in a sole relationship with the public. The straw man, being artificial, lives in the artificial place called the public.
At the same time as people are acting collectively in the larger body of people called the State and National government, they maintain their ability to act individually on a private basis. The people did not give up the rights they did not delegate to the government – they retained those rights. Any man can contract privately as they see fit and government cannot interfere with the private contracts of men.
The straw man lives in the public side of government. He is part of the public government, and functions under the laws of the public. This is necessary and proper because the creator of an entity has the right to control it.
Since the government created the straw man, it is only right that the straw man live under the rules of it’s creator. But once the straw man has been redeemed, the government is no longer in control of the straw man. He is now controlled by the man using his right to private contracts. The man has left the public as a beneficiary in sole relationship to the straw man to live privately as creditor in an aggregate relationship with the straw man. As far as this relationship is concerned, the straw man is privately controlled. The straw man still exists as a public entity because that is the only world in which he has reality. His relationship with the man is private. The relationship with the man being is controlling because the man has a higher priority lien on the straw man than the government.
Now that we understand who the straw man is, it is appropriate to ask who benefits from the creation of the straw man? We will see that the straw man benefits the creator (the government), any company that uses it and you.
The government began to benefit from the straw man in 1933. In the Article on the U.S. Bankruptcy, we’ve already seen evidence that the United States went bankrupt in 1933. When this happened, the governors of all the states met to discuss what should be done. The state governors made a “pledge” to the federal government, to fund the bankruptcy. They pledged the assets and the energy of the people belonging to the state governments. They would back the “government” and secure the national debt. But there was one problem: The states could only speak for the people in their public capacity. They could not pledge private, living human beings or property. So it was necessary to create a “bridge” between the living people and the creditors for the bankruptcy. The answer was to create straw men to stand in the place of the people. Now the only problem was devising a scheme whereby the people would agree to contract with the straw man as its surety.
When the governors made the pledge, they agreed to register the application form for the birth certificates of the people with the U.S. Department of Commerce. The application form for the birth certificate is the security instrument (collateral) used to back the pledge. The straw man, the legal fiction was created by using the name on the birth certificate and writing it in all capital letters, the designation for a legal fiction. Then, because of the “pledge”, the people were determined to be the representative and surety for the legal fiction. This is how they made us responsible to pay back the debt of the United States.
When the “government” or any corporation uses any process whatsoever, they are using it against the legal fiction, which they want the people to think is them. But when a name is written in all capital letters, IT IS NOT the name of a real person! It is the designation of a legal fiction – that is an entirely separate entity. A living human cannot be a legal fiction, and a legal fiction cannot be a living human. One is real or natural, the other is created by “law.” Because the entire thing is based on paying the bankruptcy, the straw man is the debtor and the “government” is agent for the creditor, the international bankers who own the Federal Reserve.
Whenever a government agency (such as a court) determines liability, it is a liability of the legal straw man since everything is done in commerce. The people are presumed, as evidenced by the pledge of their governors, to be the surety for the straw man and they must pay the liability.
Now let’s see how the straw man benefits others. Our straw man is thought of as a “transmitting utility” which we define as “an agent solely utilized for the purpose of transmitting commercial activity for the benefit of the Secured Party”. Government and big business have set up a system so that the only way a man can access the goods and services of the nation is through the straw man. The straw man serves as a utility through which goods and services may be transmitted to you. You are forced to interface with society through your straw man.
You will notice that the straw man’s name is used on virtually all public documents, including but not limited to: birth certificate, driver’s license, passport, Social Security card, bank account (checks and statements), credit cards, the checks you receive from your employer, legal documents, any letter from the government entity at any level, etc. You will discover that government agencies, banks and other corporations, courts and tax agencies deal with you exclusively through the straw man. These organizations insist on dealing with you only via an all-caps version of your name in any and all key documents, contracts, accounts, and agreements with them.
One of the many “benefits” and services made available through your straw man is your Social Security Number (SSN). The SSN is a “public” number associated with a “public persona,” your straw man. The SSN is a benefit because it allows you to open a bank account or to get a job. A federal law was passed in 1994 that made it a requirement to give your SSN to get a driver’s license. It would be difficult (though not impossible) to do any of these things without using the SSN. All of these things, and many more, can be thought of as “benefits” granted to the straw man.
But these benefits come with a price. It should be obvious that the straw man has no body, and that you benefit from the consumption/use of the goods and services made available through the straw man. At this point, you probably do not hold title to your straw man (a redemption process will correct this problem). Since these things are true, it is also true that you are the one responsible for discharging the public liabilities associated with the “benefits” that you enjoy courtesy of your straw man. These public liabilities include but are not limited to income tax, social security tax, plus any and all debts that the straw man incurs.
Do not despair, there is a way out of this malaise. There are a couple of elements to a strategy to gain freedom. One element is to copyright your name (both your true name, the all-caps version and all it’s derivatives). A second element is to use UCC filings to take control of your straw man (a process that is often called redemption).
Names are nothing more than property. No one is his TRADE NAME (all-caps spelling of your name), nor is anyone his true name. A name can be trademarked, service-marked, and copyrighted by the owner for the purpose of restricting others form unauthorized use and unjust enrichment at the expense of the owner. If you are 18 or older, you, the flesh-and-blood man or woman, own your name and you may copyright it under the common law.
After copyrighting your name, no one will be able to use your name to enrich themselves without first gaining your agreement. Let’s say a police officer pulled you over and wanted to give you a ticket. You can warn the officer that he is using your copyrighted name for financial benefit and that is a violation of your copyright. You should also inform him that to persist in the use of your copyrighted material without your permission carries an automatic penalty of $500,000. You have just formed a legally binding verbal contract with the officer. If the officer then persists in using your name without permission, he has breached the contract. You then have the right, under UCC article 9, to default judgment against them using non-judicial proceedings to collect on the debt that he owes you. This is a very powerful concept that can be used in dozens to hundreds of ways.
The copyright notices also establishes a private contract between you and your straw man whereby you offer services to the straw man (e.g. signing documents for it) in exchange for certain considerations. You become the creditor over your straw man who becomes the debtor to you. You can filea UCC financing statement to receive official, government acknowledgment of this private contract. This UCC is a financing statement which creates an interest in property that secures payment/performance of an obligation by your straw man for the services you render to it. This UCC filing establishes a seniority position of claim over other creditors who may make a claim based upon date and time of filing. In this way, if any party ever attacks your straw man’s assets, you will have a superior claim on it.