Definition. “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” [Black’s Law Dictionary, 7th Edition]
“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 a 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.”
Assumption of fact made by the court as a 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 (Homo Sapiens) 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 in commerce. 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 in a sovereign capacity are the “creators” of civil law. When our government acts as a sovereign, it is acting outside its 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 civil law is a fictional legal 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 being 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 flesh and blood 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 created by the corporate government. 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 legal 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 they apply to the straw man.
In all organizations there are two basic operational positions:
The stockholder/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 safeguards 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, but the Government owns their assets through registration.
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 the sole organization. In an aggregate organization, the one who is in control is immune from damages or liabilities of the beneficiaries such as the Chief Operating Officer, or CEO.
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 of 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 through a UCC1 and UCC3 filing in your birth state.
If you are not the beneficiary/owner of the straw man but control the strawman through his NAME, 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. BUT you need to do this the proper way.
A look at the structure of the straw man entity which 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 flesh and blood man is considered both a beneficiary in the relationship and surety for the straw man after you take control of the Strawman NAME.
After redemption, the man is no longer a beneficiary and is no longer surety. After redemption, the man is the controller, and the creditor with the highest lien holds 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 NAME by the primary lien hold interest.
Think about it..