Kara Sears
The concept of sovereignty, generally defined as supreme authority, has evolved over time. While medieval monarchs, for instance, were considered sovereign, they shared power with feudal aristocracies and were constrained by customs. The idea of absolute sovereignty, as proposed by Thomas Hobbes, suggests that a person or body of persons must hold ultimate authority to declare the law. However, the growth of democracy and interdependence among states have imposed limitations on sovereignty. Citizens and policymakers recognize the need for laws and restrictions on sovereignty to maintain peace and prosperity. This has led to the emergence of international organizations like NATO, WTO, and the EU, which exercise sovereignty on behalf of the global community. While sovereignty is typically associated with states, individuals can also claim sovereignty, as seen in the sovereign citizen movement. These individuals assert their interpretation of common law and establish their own courts and militias, often refusing to comply with traffic laws and other regulations.
| Characteristics | Values |
|---|---|
| Refusing to register or insure vehicles | Sovereign citizens may refuse to register or insure their vehicles, or use driver's licenses or valid license plates. |
| Ignoring traffic laws | Sovereign citizens may ignore traffic laws and create their own license plates and bumper stickers. |
| Challenging state authority | Sovereign citizens may set up their own "courts" and militias, and challenge the jurisdiction of federal courts, believing they are bound only by their interpretation of common law. |
| Using pseudolegal documents | Sovereign citizens may use pseudolegal documents, such as postage stamps, to assert authority and sovereignty. |
| Adopting specific symbols | Sovereign citizens may adopt specific flags and symbols, such as variations of the US flag or religious symbols, to establish their sovereignty. |
| Forming militias | Sovereign citizens may form militias and appoint self-proclaimed "sheriffs" to enforce their own rules and handle conflicts with authorities. |
| Rejecting taxation | Some sovereign citizens may reject taxation and claim to be "non-resident aliens" to avoid paying income tax. |
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What You'll Learn
Ignoring laws and regulations
The concept of sovereignty is generally defined as supreme authority. This authority is assigned to a person, body, or institution that has the ultimate power to change existing laws. While the idea of absolute, unlimited sovereignty has been challenged over time, both domestically and internationally, it is important to recognize that sovereignty still holds significant weight in the modern world.
One way to challenge the law of sovereignty is by ignoring laws and regulations. This can manifest in various ways, such as through the sovereign citizen movement, where individuals claim to be sovereign and not subject to the jurisdiction of federal courts or specific laws. For example, sovereign citizens may refuse to comply with traffic laws, including registering their vehicles, obtaining insurance, or using valid driver's licenses and license plates. They may also set up their own "courts" and militias, which have no legal authority but are used to formalize their declarations of sovereignty. These actions can lead to conflicts with authorities and, in some cases, violence.
Another example of ignoring laws and regulations to break the law of sovereignty is by claiming immunity from prosecution. In the United States, individuals like Andrew Schneider, Jared Fogle, and Wesley Snipes have attempted to evade criminal charges by arguing that they were sovereign citizens and therefore immune from prosecution. These arguments were rejected by the courts, which affirmed that theories of individual sovereignty hold no validity in American law.
Additionally, some groups with specific flags and symbols, such as the Moorish sovereigns and the Washitaw Nation, claim sovereignty and create their own pseudolegal documents. They may use references to nonexistent "Republics" or interpret common law in their own way, often resulting in conflicts with authorities. These groups may also adopt symbols of authority, such as using postage stamps on documents to purportedly grant themselves equal rights with nation-states.
It is worth noting that the interpretation of sovereignty has evolved, and in the modern era, it is recognized that absolute sovereignty cannot exist without some form of limitation. Democracies, international organizations, and interdependence between states have all contributed to the understanding that sovereignty must coexist with certain laws and regulations for peace and prosperity to be maintained.
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Violating traffic laws
Traffic laws are in place to regulate motor vehicle operation on streets and highways. Violating traffic laws can have serious consequences, from costly fines and legal fees to the suspension or revocation of driving privileges. Each violation is assigned a point value, and accumulating too many points within a given period can result in increased insurance premiums and penalties.
Moving violations occur when a driver breaks a traffic law while their vehicle is in motion. Examples of moving violations include speeding, running a stop sign or red light, failing to signal while changing lanes, driving under the influence of alcohol or drugs, reckless driving, tailgating, neglecting to yield to emergency vehicles, failing to maintain a single lane, not wearing a seat belt, and not securing young passengers properly. Driving without valid auto insurance is also considered a moving violation.
Non-moving violations, on the other hand, are typically related to equipment issues or parking infractions. Examples include parking in front of a fire hydrant or on a crosswalk, having expired tags, or driving with a broken license plate light. While these violations may not directly impact the operation of the vehicle, they can still result in tickets or warnings.
The consequences of traffic violations can vary based on the severity of the infraction and the number of previous violations. Minor traffic tickets, such as strict liability offenses, typically result in civil fines. However, more serious offenses can lead to the suspension or revocation of a driver's license, traffic school, or even jail time. Additionally, insurance companies take moving violations into account when determining insurance premiums, and multiple violations can significantly increase costs for drivers.
It is important to note that traffic laws can vary from state to state and even between cities. Therefore, it is essential for drivers to familiarize themselves with the specific traffic laws of the areas in which they are operating their vehicles.
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Challenging state authority
Sovereignty is generally defined as supreme authority. It entails hierarchy within a state, as well as external autonomy for states. In any state, sovereignty is assigned to the person, body, or institution that has the ultimate authority to change existing laws.
The concept of absolute, unlimited sovereignty was short-lived, both domestically and internationally. The growth of democracy imposed limitations on the power of sovereigns and ruling classes. The increase in interdependence between states restricted the principle that "might is right" in international affairs. Citizens and policymakers recognised that peace and prosperity require limitations on sovereignty. Regional and international organisations, such as NATO, the WTO, and the EU, have played a role in exercising sovereignty on behalf of the peoples of the world, alongside national governments.
The development of the doctrine of popular sovereignty, influenced by the theories of philosophers John Locke and Jean-Jacques Rousseau, found expression in the American Declaration of Independence in 1776. This doctrine holds that the state is based on a social contract between its citizens, through which they entrust the government with the powers necessary for common protection.
The French Constitution of 1791 further shaped the concept of popular sovereignty, stating that "Sovereignty is one, indivisible, unalienable and imprescriptible; it belongs to the Nation; no group can attribute sovereignty to itself nor can an individual arrogate it to himself." This combined the idea of popular sovereignty exercised by the people with that of national sovereignty exercised by an organised state.
Some individuals have challenged state authority by claiming sovereign citizenship and denying the jurisdiction of courts over them, as seen in the cases of Andrew Schneider, Jared Fogle, and Wesley Snipes in the United States. However, these arguments have been rejected by courts, affirming that theories of individual sovereignty and immunity from prosecution hold no validity in American law.
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Creating militias and 'courts'
The concept of "sovereign citizens" has been linked to the creation of militias and courts that challenge the traditional understanding of sovereignty. Sovereign citizens are individuals who believe that they are bound only by their interpretation of common law, and not by the authority of federal or state governments. This ideology has led to the establishment of militias and "courts" within the sovereign citizen movement.
One of the key characteristics of the sovereign citizen movement is the rejection of government authority, particularly in the form of taxation, social security, driver's licenses, and vehicle registration. The movement has attracted individuals facing financial or legal difficulties, as well as those who wish to resist what they perceive as government oppression. The movement has its roots in far-right groups, tax protester movements, and anti-government ideologies.
Militias play a significant role in the sovereign citizen movement. Sovereign citizens have established militias of self-appointed "sheriffs" and other paramilitary organizations. These militias are not sanctioned by state governments and are considered illegal. They are formed with the intention of providing defense and enforcing the group's interpretation of laws, often in direct conflict with established law enforcement agencies.
In addition to militias, sovereign citizens have also established their own "common law courts." These courts, lacking any legal authority, are used to formalize the "declarations of sovereignty" of movement members. The courts may also be utilized to handle disputes or matters pertaining to members of the movement. However, these courts have no legal standing and their decisions are not enforceable under actual law.
The creation of militias and courts by sovereign citizens can lead to direct confrontations with law enforcement agencies. The FBI, for example, classifies "sovereign citizen extremists" as domestic terrorists due to their potential for violence and armed conflict with authorities. This classification highlights the serious consequences that can arise when individuals or groups attempt to break the law of sovereignty by establishing their own militias and courts outside of the recognized legal framework.
It is important to note that the power to organize and deploy militias ultimately rests with the state and federal governments. Congress, for example, has the authority to call forth the militia to execute the laws of the union, suppress insurrections, and repel invasions. The President also has the power to deploy the military within the United States to enforce the law, suppress rebellion, or address domestic violence under the Insurrection Act. These provisions demonstrate the legal mechanisms through which militias can be utilized within the bounds of sovereignty, as opposed to the extra-legal actions of sovereign citizen groups.
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Using pseudo-legal documents
The concept of sovereignty refers to the supreme authority and power of a state, body, or institution over its citizens and laws. It entails hierarchy within a state and external autonomy for states. One group that challenges this concept is the sovereign citizen movement, whose adherents believe they are not subject to federal laws and jurisdiction. They reject legal documentation such as Social Security numbers, driver's licenses, and vehicle registrations, resulting in frequent encounters with law enforcement.
Sovereign citizens engage in "paper terrorism," inundating courts with pseudo-legal documents, including bogus complaints, baseless lawsuits, and false liens. They create irregular, pseudo-legal documents like false passports, license plates, and birth certificates, employing unusual formalities such as Latin maxims, thumbprints, stamps, and unconventional legal jargon. Signatures are often in red ink or blood, as black and blue inks are associated with corporations.
The belief in a secret change to a commercial law system, allegedly governed by the District of Columbia Organic Act of 1871, leads sovereign citizens to view statutory law as a contract binding people to the state. They claim that newborn babies' rights are split between their flesh-and-blood selves and corporate shell identities, evidenced by the use of all capital letters in official documents. To separate from these corporate shells, sovereign citizens file convoluted documentation, including declarations of sovereignty and newspaper publications of their new identities.
The pseudo-legal tactics of sovereign citizens can cause severe problems for law enforcement and court officials, straining resources as they process and respond to voluminous and often incomprehensible filings. While sovereign citizens often represent themselves in court, they sometimes receive assistance from self-proclaimed "leaders" within the movement. The movement lacks central leadership, and the only success stories touted are those of sovereign citizens committing fraud by creating counterfeit documents.
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Frequently asked questions
Sovereignty is the supreme authority assigned to a person, body, or institution that has the ultimate authority over other people and to change existing laws.
Breaking the law of sovereignty often involves an individual or group claiming to be exempt from the laws of the land, and the jurisdiction of federal courts.
In the US, there have been several cases of people claiming sovereign citizenship to avoid prosecution. For example, in 1990, Andrew Schneider, and in 2017, Jared Fogle, tried to overturn their respective convictions by claiming they were sovereign citizens and not subject to the jurisdiction of federal courts.
Sovereign citizens often refuse to register their vehicles, obtain insurance, or use driver's licenses or valid license plates. They may also use homemade license plates and bumper stickers, and produce unrelated paperwork when asked for identification.
Sovereign citizens believe that the legitimate government and legal system have been replaced by a new authority, and that they are bound only by their own interpretation of common law. They may also believe in pseudolegal concepts like the "strawman theory", which holds that individuals have sovereignty over pseudolaw affiliates.
