PRESUMPTION - It's
the Name of the Game
a word that we must understand in today's world. In fact, it is
imperative that we understand it and how the "government" and its
"courts" use the principle of presumption against the people.
used in law, is a conclusion derived from a particular set of facts
based on law, rather than probable reasoning. It is a rule of law
which permits a court to assume a fact is true until such time as
there is a preponderance (greater weight) of evidence, which disproves
or outweighs (rebuts) the presumption.
is based upon a particular set of apparent facts paired with established
laws, logic or reasoning.
A presumption is
rebuttable in that it can be refuted by factual evidence. One can
present facts to persuade the judge that the presumption is not
true. Examples: a child born of a husband and wife living together
is presumed to be the natural child of the husband unless there
is conclusive proof it is not: a person who has disappeared and
not been heard from for seven years is presumed to be dead but the
presumption could be rebutted if he/she is found alive: an accused
person is presumed innocent until proven guilty [at least that's
the way it used to be], These are sometimes called rebuttable presumptions
to distinguish them from, absolute, conclusive or irrebuttable presumptions
in which rules of law and logic dictate that there is no possible
way the presumption can be disproved. However, if a fact is absolute
it is not truly a presumption at all - but a certainty.
Once a presumption
is relied on by one party, however, the other party is normally
allowed to offer evidence to disprove (rebut) the presumption. The
presumption is known as a rebuttable presumption. In essence, then,
what a presumption really does is place the obligation of presenting
evidence concerning a particular fact OR a particular part)'. [Emphasis
added: comments in brackets.]
The above statements
regarding presumption are taken from various law dictionaries and
show us how presumption is defined in the law and understood by
the courts. To continue this discussion we must look at the nature
of the "government" and the courts today and :hen look at the actual
presumptions they rely upon regarding the people.
In 1861 the legislators
from the southern states walked out of congress and congress adjourned
sine die. i.e.; with no time being set to re-convene. This effectively
ended the Congress of the United States as established by the Constitution.
The government of that day continued to operate, without a lawful
congress in session, and literally POSED as the government rather
than continuing as the lawful government of the United States. This
problem has never been lawfully resolved; they still pose as the
"government. This is a radical statement... but read on.
The "United States",
after it evaporated in 1861, was put back together by force of arms.
We are constantly told that the U.S. was established as a country
where the people are free. How does that square with the fact that
the people have been FORCED into a political union by a war? The
fact is it doesn't square up at all.
In 1871, after
the Civil War, Congress passed the first act to allow the government
to operate as a corporation. This was done under the guise of forming
a government for the District of Columbia. The process was completed
in 1878 by the final act allowing the "U.S. Government" to act as
a corporation, operating in commerce for a profit. (From Statutes
The people, as
a whole, have never objected to the "government" operating as a
corporation in commerce. This, according to their legal definitions,
validates the presumption that we accept the corporation of the
UNITED STATES as the government of the united States.
Since the "government"
is a corporate entity operating in commerce, the courts which have
been formed by the corporation and are a part of the corporation
must, by operation of commercial law, be operating in commerce also.
They are COMMERCIAL COURTS and not Courts of Law. Their jurisdiction
and authority have been conferred upon them by a corporation that
poses as the government.
commercial entities are legal fictions. They are created by man
through man-made law and are the direct opposite of the natural
creation of God - the people. The two cannot mix. A legal fiction
can never become a natural living soul and a living soul can never
become a legal fiction. The corporate government, therefore, had
to create a "bridge" to bring the people under subjection to the
corporation. So a legal fiction had to be created to represent each
natural living soul in commerce.
This legal fiction,
by operation of commercial law becomes a Straw Man for the living
soul, represents him in commerce and the living soul becomes the
surety for the Straw Man.
Straw man as found
defined in Black's Law Dictionary. Sixth Edition: A "front": a third
party who is put up in name only to take part in a transaction.
Nominal party to a transaction: one who acts as an agent for another
for the purpose of taking title to real property and executing whatever
documents and instruments the principal may direct respecting the
property. Person who purchases property for another to conceal identity
of real purchaser, or to accomplish some purpose otherwise not allowed.
Today the "government"
operates on the presumption that all of us accept our role as surety
for a legal fiction straw man because we validate their presumption
on a daily basis by engaging in commerce (using Federal Reserve
Notes) with the straw man as our representative.
One point that
needs to be made for the understanding of those new to this entire
concept, is that the Straw Man has a name that is different than
yours but looks like it. Example: John Doe is presumed to be the
surety for the legal fiction (straw man] JOHN DOE which represents
John in commercial transactions (every transaction involving the
use of Federal Reserve Notes.) Now. when you went to school were
you ever taught to write a proper persons name in all capital letters?
No? Then you are just like the rest of us. The proper English way
to write the name of a proper person (living soul) is to capitalize
the first letter and use lowercase letters for the rest of the name
(John Doe). We were never taught to write names in ALL CAPITAL LETTERS.
Did the people in the courts go to a different school than we did?
Are they uneducated? Their computers not functioning correctly?
Are they all just making the same mistake? Or is this aberration
intentional? Lacking anything to the contrary, believe this is the
Anytime you see
"your name" in all capital letters IT IS NOT YOUR NAME - it is not
you! It is the name of the legal fiction, which acts as a Straw
Man representing you in commercial transactions and for which you
are presumed to be the SURETY. By the way, the surety is the one
who pays. For emphasis - let's say it one more time: Anytime you
see "your name" in all capital letters IT IS NOT YOUR NAME! it is
not you! It is the name of a separate entity, a legal fiction, the
There are many
educated people who believe that this argument is a lot of baloney.
All that can be said is they might need further learning. They might
need to actually study the LAW and the EVIDENCE and not rely on
presumption and the daily operation of the "government" and our
society in general.
This whole scheme
starts when a natural person is born. A "Birth Certificate" is generated
and sent to the State to be registered. It is then registered with
the Department of Commerce, United States of America. Now why would
a birth certificate be registered with the Department of Commerce
if not to begin the presumption that there is a new entity operating
What is the difference between "birth" and "berth"? Sounds the same
- yes? Answer: a natural person experiences birth while a vessel
At the same time
the "Birth Certificate" is generated, the new born child is also
enumerated: assigned a number for the corporate government's accounting,
tracking and control system. It's called a Social Security Number.
These two acts are the beginning of the creation of the legal fiction
and provide evidence to validate the corporate government's presumption
that we are acting as a surety for the legal fiction. Hereafter
we'll refer to this legal fiction as the Straw Man because that's
how the fiction operates in representing us in commerce.
There is further
evidence that the corporate government uses to validate this presumption:
- Application for Driver License.
- Application for Marriage Certificate.
- Mortgage papers and a Deed of Trust on property.
- Other licenses or permits that are applied for.
- Voters Registration.
- Filing a 1040 form with the IRS.
- Responding to documents addressed to the Straw Man (in all
- Registering your new automobile/car as a Motor Vehicle.
- Opening a bank account, etc., ad infinitum...
above - your name goes in in upper and lower case lettering and
it come out in all upper case letters.)
Now back to the
courts. Remember they are commercial courts. Remember also that
commercial entities and natural people (living souls) cannot mix
because they are two totally different types of entities. Try mixing
oil and water. You can pour them into the same container and stir
vigorously and you still have pieces of oil interspersed in the
water. They do not combine. Commercial courts have jurisdiction
and authority over Commercial Entities (legal fictions) and not
natural people. How do they bring us into these courts and take
action against us? By coming against the Straw Man/Dummy Corporation.
Have you ever seen
a court document with a heading [caption] that looks like "Bill
Green v. John Doe"? No. It will be BILL GREEN v. JOHN DOE. When
a person files a suit into a court - ANY court from a Justice of
the Peace court all the way to the U.S. Supreme Court, this is the
way it is done. And it AUTOMATICALLY creates the presumption that
both parties are sureties for the named legal entities or Straw
Men. Now, if you answer this suit by using the court heading and
filing your answer into the court, you validate the presumption
that you are the surety for the Straw Man that has been sued. This
places you and the Straw Man under the authority and jurisdiction
of the court and nothing you say or do after that point will invalidate
their presumption of jurisdiction.
You can, however,
respond in such an instance, with a Notice. This is not legal advice,
but merely an example for understanding.
Notice of Refusal
and Return of Erroneously Served Papers
John Henry Doe
hereby returns papers erroneously and fraudulently served relating
to cause number CC-98-111111-A, the papers including a PLAINTIFF'S
ORIGINAL PETITION, which were served on the 12th day of August in
the year 1998, the action issuing against an unknown and unidentified
legal fiction. JOHN H. DOE.
My proper Christian
and surname are John Henry Doe: I was born live to Robert Doe and
Mary Doe in the community of Dallas, county of Dallas on the land
known as Texas: I am commonly known as and conduct most private
affairs merely as John Doe.
I do not know who
or what the legal fiction JOHN D. DOE is, nor do I serve in the
capacity of trustee, administrator, fiscal agent, surety, representative
or in any other fiduciary capacity for the said JOHN H. DOE.
[End of Notice]
The above notice
contains statements of fact to rebut the presumption created by
the Plaintiff who filed the suit that you are the surety for the
"Straw Man. This notice would be sent to the Plaintiff or his attorney,
with a copy being sent to the court in which the case was filed.
Now how does the
corporate government use the principle of presumption in cases of
commercial crime? By the way, have you ever heard the term "Commercial
Crime" before? Did you know that almost all crimes have been defined
by the corporate government as Commercial Crimes? That is, in fact,
the case. The method of operation, especially in the case of the
corporate federal government, is this: They many times start with
the seizure of some kind of property, cash, automobile, computers
or something else. They do this with a warrant based on a belief
that the property is being used in a criminal activity. This action
is usually followed by an indictment and arrest. The "defendant"
(Straw Man with you as surety) is then arraigned and a trial date
This whole procedure
is based on a legal presumption that you are a criminal and were
in possession of property being used in criminal activity. This
presumption MUST BE DEFEATED if you are to avoid conviction. There
is only one way to defeat the primary presumption. Remember, the
presumption was created when the property was seized. Therefore
you MUST file a claim in civil court for the return of the property
that was lawfully owned by you and was lawfully in your possession.
If you are successful in this action, you will permanently defeat
their presumption of criminal activity and they cannot proceed.
But you might say.
"Wait a minute. I've always been told that you are presumed to be
innocent until proven guilty." Yes, that IS what we are told. In
fact, it used to be that way. But the presumption of innocence went
out the window in 1933 when the Trading With The Enemy Act of 1917
was amended to INCLUDE the people of America as ENEMIES of the corporate
U.S. Government. From that time until now, the presumption is that
you are guilty until proven innocent. That is precisely the reason
that the United States is now the WORLD LEADER IN NUMBER OF PEOPLE
INCARCERATED! Over TWO MILLION people are now in jail in the United
States and Texas. The United States has more political prisoners
than any other country in the world - including China!
There are many
people who are now struggling against the "jurisdiction" of corporate
courts. Many methods have been tried and are being tried. We must
remember that the administrative judges of the commercial courts
have a lot of experience at validating their presumptions. The first
thing they want to do is validate their presumption that they have
jurisdiction because you are the surety for the defendant - the
Straw Man. Of course, they allow you to think that you ARE the defendant,
but that is not possible because a legal fiction court can only
have legal fictions as defendants.
They know evenly
trick in or out of the book to trap you into becoming the "defendant"
and validating their presumption. I heard of one case where the
man was successfully challenging jurisdiction until the judge said.
"Will the Defendant please take the toothpick out of his mouth?"
When the man removed the toothpick from his mouth he placed himself
squarely into the jurisdiction of the court because his action validated
the presumption that he was the defendant.
THAT YOU ARE THE SURETY FOR THE STRAW MAN MUST BE DEFEATED if you
are to have any semblance of the freedom God created you to enjoy
and the forefathers of the United States and the forefathers of
Texas [or your state] intended for you to have.
How can we defeat/rebut
this presumption that we accept a position as surety for a Commercial
Straw Man? First we must understand all the ramifications of the
artificial commercial society in which we live. We need to learn
and understand how deeply our [current] society is permeated with
commercial and legal presumptions and what evidence they use to
validate these presumptions.
The nexus they
have created for us to operate in is complex and complete. The list
above shows just nine of the "contracts" or agreements that all
of us unknowingly enter into that create and validate the Straw
Man presumption. Now, in reality, by true Law, these contracts and
agreements are null and void from the beginning due to lack of full
disclosure. This lack of full disclosure equates to fraud, and fraud
vitiates (eliminates) any contract ab initio (from the beginning).
One way to begin
to rebut and defeat the presumption is by the use of a NOTICE. One
example of such a notice is shown above, one can look around, now
that eyes have been opened, and notice others.
These notices present
declarations and facts to rebut the corporate governments presumption
of one's status. There are other ways to rebut and defeat the presumption.
The method that
many are using today is the process called Commercial redemption.
This process utilizes the Uniform Commercial Code (UCC) and its
provisions for filing a security interest with the Secretary of
State. When a living soul files a UCC-1 on the "Straw Man for which
he is presumed to be the surety, he moves from being the surety
to the position of Creditor.
When one accepts
his/her "Birth Certificate" for Value (learn about the Acceptance
for Value process) he/she begins the removal of him/herself as the
surety for the Straw Man and redeems the title to him/herself by
becoming the "Holder in Due Course" of the title (Birth Certificate).
One then needs to go on to record/file a Security Agreement / Indemnification
Bond / Financing Statement.
This process moves
one towards Legal Freedom. It uses the commercial code that the
bankers promoted so that they could control all commerce and thus,
all people to change one's position from presumed "surety" to that
of Creditor and Holder in Due Course. Thus, when this process is
correctly completed one has the natural freedom given by his Creator
and Legal Freedom within the artificial commercial society in which
To use the Commercial
redemption process - one must become learned in the process. There
is much material available on this process all over the Internet
and all over the United States. Seminars and workshops are being
held to teach people about this process. One is cautioned to thoroughly
research and study this process before using it and be advised that
there is conflicting information being disseminated. As with any
information, it is up to the one learning to become learned and
confident in the proper use of the information.
There are many
who debunk the Commercial redemption process with all kinds of erroneous
arguments. Don't act on something until you are completely and totally
convinced of the truth and veracity of the information presented
- such as the information presented in this narrative regarding
the Straw Man and the presumptions of the corporate government based
on the Straw Man.
There are some
who'll seek to use the Commercial redemption process as a "Commercial
Get-Revenge-and-Get Rich" process. The author personally believes
that if we can use this process to slop unlawful processes of corporate
government against us and truly redEEM ourselves from the commercial
world of international bankers and their control of our lives we'll
have accomplished the biggest part of the struggle for freedom.
There is probably
more we will learn as we continue in our struggle for the freedom
we are so glibly told that we already have, and we must continue
to be open-minded and learn all we can.
The author does
heartily encourage each and evenly one to learn all about the artificial
commercial society we live in - how it impacts and affects us -
how we can work to be free as we desire to be - and how to work
towards defeating the presumptions that are enslaving us all. May
all the people of the States of the American Union learn the truth
about the presumptions of the corporate government, learn that there
is no lawful Constitutional government in existence today and learn
to regain our freedom and liberty under God our Creator.
Judiciary; an irresponsible body, working like gravity by night
and by day, gaining a little to-day and a little to-morrow, and
advancing its noiseless step like a thief, over the field of jurisdiction,
until all shall be usurped from the States, and the government of
all be consolidated into one. ... when all government ... in little
as in great things, shall be drawn to Washington as the center of
all power, it will render powerless the checks provided of one government
on another and will become as venal and oppressive as the government
from which we separated." --Thomas Jefferson 1761
The ultimate tragedy
is that his words apply to the entire so-called "federal government"
and all of its outside-the-constitution agencies and bureaucracies,
not just the judiciary.
By Jesse Enloe
For a printable copy of the