Sovereign Citizen Movement

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The Sovereign Citizen Movement is a loosely organized collection of groups and individuals who have adopted an essentially-anarchist ideology. Its adherents believe that virtually all existing Federal government bodies in the United States are illegitimate. Those who subscribe to the movement seek to establish a minimalist government. "Sovereign citizens" often assert that they are not subject to any laws to which they have not specifically consented, specifically Federal Laws. While there is a large amount of legal basis for these claims in Supreme Court Cases (most dating back before 1933), such theories have met with no success in todays courts which no longer operate under common law, but rather Public Policy.

This movement is based on theories that The People are either "Fourteenth Amendment citizens", who are subject to the federal and state laws and taxes, or "sovereign citizens", who possess a Birthright and constitutionally secured unalienable rights to Life, Liberty and Happiness (Property) over which the individual is Sovereign. Under this theory, the Sovereign American has sovereign authority only over that property which he or she lawfully owns, i.e., his or her Life, Body, Mind, Rights to Life, Liberty, and Property, material property i.e. housing, land, automobile, and all other property owned within the individual's private domain.

Some Sovereign Citizens claim to be subject only to common law or "constitutional law" (or both), not to statutory law. Under these theories, sovereign citizens are exempt from any laws while acting in their own private capacity and so long as they injure no one.[1] "Where rights secured by the Constitution are involved, there can be no rulemaking or legislation which would abrogate them". However upon injuring anothers property or when acting in some public capacity the Sovereign Citizen would be subject to statutory law as those acts exceed the Sovereign Citizens private domain and capacity. The use of Sovereign Citizen concepts in court has met with no success[2] (see Tax protester arguments). The Uniform Commercial Code plays an important part in these legal theories.

"Sovereign citizens" often avoid using zip codes, and refuse to hold social security cards or driver's licenses.

Some African-American groups have adopted Sovereign Citizen beliefs,[3] which sometimes include a distinction between the Corporation and the Government, which (under these theories) no longer operates in the traditional sense.

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[edit] Redemption movement

In turn, the Sovereign Citizen movement gave rise to the "Redemption Movement".[citation needed] The Redemption Movement is being brought together under a new banner called Beneficiaries in Common.[citation needed]

The main premise is that the United States is a "Trust". The Congressmen and Senators are the Trustees, and the common people are the beneficiaries of that Trust. Under this theory, the United States went bankrupt in 1933 and provided a remedy under something called "Limited Liability" in the form of Social Security Insurance. According to redemption theory, this trust (ie: the United States) is responsible for paying an individual's debt using the money in an account set aside for every American citizen (called the Strawman). A Federal indictment against individuals who used this defense explains:

“ The indictment against Thomas and Herrington goes on to allege that, according to Redemption Theory as espoused by Thomas, after a client reclaimed his or her Strawman, the client could use the “value” of their Strawman to satisfy debts, including credit card bills and government obligations. Moreover, based on this theory, an individual could add to the initial $1,000,000 value of his or her Strawman by “Accepting for Value” financial obligations, including IRS debts, traffic tickets, judgments, credit card bills and the like. Generally, according to this theory, after a client “Accepted for Value” an obligation, the client could use other fictional financial instruments, such as Bills of Exchange or Sight Drafts, to satisfy debts via the client’s Strawman.

Under this theory, when the United States, any of its political subdivisions, or any entity in the United States makes a claim, that claim can be "accepted for value", giving a banker's acceptance in full satisfaction of the obligation under bankruptcy. Once this "acceptance" has been given and valuable consideration has been given, something called "contract in fact" exists under this theory. A living man's signature gives "value" to the instrument, turning it from a "soft" offer to a "firm" offer. Taking a bill and "accepting it for value" turns the bill from "soft currency" into "hard currency".

 ”

[4]

Roger Elvick is a founder of the movement.[5] Elvick was sentenced to 4 years jail in April 2005 after pleading guilty to one count each of forgery, extortion and engaging in a pattern of corrupt activity.[6]

[edit] Critique

The Anti-Defamation League, on its website, contends:

“ The "sovereign citizen" movement is a loosely organized collection of groups and individuals who have adopted a right-wing anarchist ideology originating in the theories of a group called the Posse Comitatus in the 1970s. Its adherents believe that virtually all existing government in the United States is illegitimate and they seek to "restore" an idealized, minimalist government that never actually existed. To this end, sovereign citizens wage war against the government and other forms of authority using "paper terrorism" harassment and intimidation tactics, and occasionally resorting to violence. ”

[7]

[edit] References

  1. ^ see Miranda v. Arizona (No. 759)98 Ariz. 18, 401 P.2d 721
  2. ^ In the context of U.S. Federal income taxation, see Lovell v. United States, 755 F.2d 517, 85-1 U.S. Tax Cas. (CCH) paragr. 9208 (7th Cir. 1984); and United States v. Sloan, 939 F.2d 499, 91-2 U.S. Tax Cas. (CCH) paragr. 50,388 (7th Cir. 1991), cert. denied, 502 U.S. 1060, 112 S. Ct. 940 (1992).
  3. ^ Are sovereign citizens racist?, Message to Students, Militia Watchdog archives, Anti-Defamation League website
  4. ^ US DOJ News Release 11 September 2006
  5. ^ http://www.freedomdomain.com/redemption1.html
  6. ^ Patriots for Profit, Southern Poverty Law Center Intelligence Report, Summer 2005
  7. ^ Sovereign Citizen Movement - Extremism in America

[edit] See also