Sovereign Citizen / Strawman / Free Man · LawGeeks.Org

Tracy Miller

Nov '24 (edited) • General discussion

Sovereign Citizen / Strawman / Free Man

That the United States form, for many, and for most important purposes, a single nation, has not yet been denied. In war, we are one people. In making peace, we are one people. In all commercial regulations, we are one and the same people. In *414 many other respects, the American people are one, and the government which is alone capable of controlling and managing their interests in all these respects, is the government of the Union. It is their government, and in that character they have no other. America has chosen to be, in many respects, and to many purposes, a nation, and for all these purposes, her government is complete; to all these objects, it is competent. The people have declared, that in the exercise of all powers given for these objects, it is supreme. It can, then, in effecting these objects, legitimately control all individuals or governments within the American territory.

Cohens v. Virginia, 19 U.S. 264

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The power of the State over the public property, is, at least, equal to that of an individual over his own; and particularly so, as to the navigable rivers in the State, which are, emphatically, the property of the people of the State, and subject to their authority, acting through the local Legislature.

Gibbons v. Ogden, 22 U.S. 1

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Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.

Yick Wo v. Hopkins, 118 U.S. 356

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He demanded evidence that he was the "all-capital, corporate fiction person, debtor, straw man" named in the indictment.

Our intention is not to quash the presentation of creative legal arguments or novel legal theories asserted in good faith. But the arguments raised by these defendants were not in good faith. We have repeatedly rejected their theories of individual sovereignty, immunity from prosecution, and their like. .... describing defendant's proposed "sovereign citizen" defense as having "no conceivable validity in American law"); …

Regardless of an individual's claimed status of descent, be it as a "sovereign citizen,"or a "secured-party creditor,"" that person is not beyond the jurisdiction of the courts. These theories should be rejected however they are presented.

United States v. Benabe, 654 F.3d 753 (7th Cir. 2011)

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These issues are completely without merit, patently frivolous, and will be rejected without expending any more of this Court's resources on their discussion.

(rejecting defendant’s claim that he was “outside” the jurisdiction of the United States as “completely without merit” and “patently frivolous”);

United States v. Jagim, 978 F.2d 1032, 1036 (8th Cir. 1992)

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Schneider wanted to present as his sole defense the contention that he is a free, sovereign citizen and as such not subject to the jurisdiction of the federal courts. Since that defense has no conceivable validity in American law, the judge would not have permitted it to be presented to the jury and no reputable lawyer could have been found to attempt to persuade the judge otherwise. (rejecting ineffective assistance of counsel claim because defendant would have had same “irreconcilable differences” with any ethical and competent attorney due to his proposed sovereign citizen defense, and concluding that, because this defense had “no conceivable validity in American law, the judge would not have permitted it to be presented to the jury, and no reputable lawyer could have been found to attempt to persuade the judge otherwise.”).

United States v. Schneider, 910 F.2d 1569, 1570 (7th Cir. 1990)

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