The strawman theory (also called the strawman illusion) 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 (i.e., the "strawman") and that one's legal responsibilities belong to the strawman rather than the physical individual.
Pseudolaw advocates claim that it is possible, through the use of certain "redemption" procedures and documents, to separate oneself from the "strawman", therefore becoming free of the rule of law. Hence, the main use of strawman theory is in escaping and denying 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 and misunderstanding the distinction between a juridical person and a natural person.
Courts have uniformly rejected arguments relying on the strawman theory, which is recognized in law as a scam; the FBI considers anyone promoting it a likely fraudster, and the Internal Revenue Service (IRS) considers it a frivolous argument and fines people who claim it on their tax returns.
Canadian legal scholar Donald J. Netolitzky has called the strawman theory "the most innovative component of the Pseudolaw Memeplex".
History
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 who became the primary originator of the redemption movement. It eventually became a core concept of sovereign citizen pseudolegal beliefs. Around the same period, this set of beliefs was introduced into Canada by Eldon Warman, a student of Elvick's theories who adapted them for a Canadian context. It was further reframed in Canada by the freeman on the land movement, which expanded to other Commonwealth countries.
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. One argument used by proponents of the strawman theory is based on a misinterpretation of the term capitis deminutio, used in ancient Roman law for the extinguishment of a person's former legal capacity. Adherents to the theory spell the term "Capitis Diminutio", and claim that capitis diminutio maxima (meaning, in Roman law, the loss of liberty, citizenship, and family) was represented by an individual's name being written in capital letters, hence the idea of individuals having a separate legal personality.
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. 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.
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".