100% found this document useful (4 votes)
1K views

Private Membership Association

The document discusses how private membership associations can allow individuals to operate outside the jurisdiction of regulatory agencies by forming associations under the constitutionally protected right of association. Key examples provided include drinking clubs in dry counties in Texas and how medical practitioners may find protection and reduced liability risks through private membership associations.

Uploaded by

cmoffett1217
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
100% found this document useful (4 votes)
1K views

Private Membership Association

The document discusses how private membership associations can allow individuals to operate outside the jurisdiction of regulatory agencies by forming associations under the constitutionally protected right of association. Key examples provided include drinking clubs in dry counties in Texas and how medical practitioners may find protection and reduced liability risks through private membership associations.

Uploaded by

cmoffett1217
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 7

Since 1803, and a famous Supreme Court case Marbury v.

Madison, the
Constitution as interpreted by the U.S. Supreme Court, is the Supreme Law of
the Land.

If you are a doctor, medical technician, nurse, other health care


practitioner, dentist; or if you are in the field of finance, a non-
attorney trying to assist others with their legal needs, business
owner, any field of human interest, or a homeschooling parent
looking to protect your educational activities, a Private Membership
Association will allow you to practice with the added protection of
the Universal Declaration of Human Rights (UDHR) and our
Constitutionally guaranteed Rights.

Over the past several decades, due to favorable rulings, opinions and
interpretations by the Supreme Court, the law of the land has highlighted our
constitutionally guaranteed rights to conduct business in a PMA, or private
membership association. Private membership associations exist under many
different titles including PMA, Private Education Association, Private Ministerial
Association, Private Health Association, Private Social Club, Private Drinking
Club, and many more, When operating under a properly formed PMA, we are
operating in the private domain versus the public domain.

In the public domain you must operate under the jurisdiction of the regulatory
agencies designed to protect the public. In the private domain you
can operate outside the jurisdiction of those same agencies, as long as there
is not clear and present danger of substantive evil.
Preamble to the Constitution of the
United States of America:
"We the people of the United States, in order to form a more
perfect union, establish justice, insure domestic tranquility,
provide for the common defense, promote the general welfare,
and secure the blessings of liberty to ourselves and our
posterity, do ordain and establish this Constitution for the
United States of America."

The Preamble to the Constitution is an introductory, succinct statement of the


principles at work in the full text. It is referred to in countless speeches,
judicial opinions, and in a song from Schoolhouse Rock. Courts will not
interpret the Preamble to confer any rights or powers not granted
specifically in the Constitution.

You Can Protect Your Practice and Yourself With

A PMA
or
Private Membership Association
Did You Know?
 Since 1990 over 1,000,000 adverse and disciplinary reports were filed
against physicians, dentists, technicians and other health care workers
 Some of the reports were correct, many of the reports were inaccurate,
false, or made in error
 Some of these professionals’ licenses were ultimately revoked, some even
went to prison
 Regardless of their innocence or guilt, all of them were reported to
and have a permanent record in the National Practitioner's Data Base
(NPDB) in Washington D.C.
 These records, all entered without allowing any argument or defense
whatsoever, can never be removed
What Is the NPD?
 The NPDB (National Practitioner Data Base) is a confidential information
clearinghouse created by Congress to improve healthcare and "protect the
public"
 No one has access to the NPDB unless you are an “eligible entity"

Protection of the Public?


 The public, who is supposedly being protected, does not have access to the
NPDB
 All board actions are reported to the data base
 Once the reports are input, they don’t ever get deleted
 What results from this program?
 There is no hearing, there is no follow up report of good standing if the
charges or reported action are dismissed
 This causes doctors to practice what is called “Defensive Medicine"
 It is the art of performing unnecessary tests simply to “protect the doctor"
 From Jackson Healthcare’s ongoing research:
 Physicians estimate the cost of defensive medicine to be in the $650-$850
billion range, or between 26 and 34 percent of annual healthcare costs in the
U.S.
Legal Background

While not explicitly defined in the Constitution, the Supreme Court has
acknowledged that certain implicit rights, such as association, privacy, and
presumed innocence, share constitutional protection in common with explicit
guarantees such as free speech. Specifically, the Supreme Court has
described the right to associate as inseparable from the right to free speech.

The right of association under the Constitution was heavily litigated in the
1950’s and 1960’s, and association members’ rights were consistently upheld
by the Court. In fact, the right of association became a cornerstone of the
civil rights movement.

In general, members of an association do not fall under the jurisdiction of


local, state, and federal governments and corresponding laws and
regulations. The exception to this general rule is when the activities of the
private membership association "present a clear and present danger of
substantive evil".

A simple example of private associations is drinking clubs in Texas. Since


prohibition was repealed in 1933, regulation of the alcoholic beverage
industry was delegated to individual states. Some states, such as Texas,
allow individual counties and cities to govern the sale of alcohol. As a result,
46 out of Texas’ 254 counties are dry, meaning that sale of alcohol is
forbidden. However, you can go to virtually any restaurant in the dry
counties and simply by joining their private associations or "drinking
clubs", they can sell you and other members alcohol even though it is
prohibited by local law!

It is important to note that the right to associate is not limited to social or


political activities. According to the Supreme Court, this right can be utilized
for business activities (e.g. sale of alcohol). Members of a private
membership association have the right to private contract under the due
process liberty clause of the 5th and 14th Amendments, and states may not
pass laws that impair the obligation of a contract.

In Thomas v. Collins, 323 U.S. (an important Supreme Court case) it was
determined: "Great secular causes, with small ones, are guarded. The
grievances for redress of which the right of partition was insured, and with it
the right of assembly, are not solely religious or political ones. And the rights
of free speech and a free press are not confined to any field of human
interest".

Under the guarantee of the First and Fourteenth Amendments of the U.S.
Constitution and equivalent provisions of your State Constitution, you have
the right to associate with fellow members and offer benefits and services
that are outside of the jurisdiction, venue and authority of State and/or
Federal agencies. What could come under scrutiny and in some cases be
considered a criminal act outside the association can be perfectly legal within
the protection of a private association.
Most Common Benefits of Operating Under a Private Membership
Association

 Operate a health (or other type of business) association outside the


jurisdiction and authority of federal and state government and agencies
involving association activities.
 Maintain greater privacy of financial and business affairs of your association
activities.
 Greater security of being able to continue operation in a world of changing
laws and politics.
 Increased profits due to unrestricted and beneficial structuring and strategies
not available to regulated health association.
 Instead of conducting business under a legal loophole, operate under a legal
exemption decided by the supreme law of the land, i.e., the Supreme Court
decisions interpreting the U.S. Constitution.

Medical Practitioners Work In Fear

Many Restaurants in Texas Have


Drinking Clubs

Private Membership Associations


Thomas v. Collins, 323 U.S, 516
(1945)
"The idea is not sound therefore that the First Amendments’
safeguards are wholly inapplicable to business or economic
activity".

Why is a Private Membership Association right for me or maybe you?


A PMA does not need any authority or permission, of any kind whatsoever,
from any government for its creation or in order for it to continue to exist
and function.
A PMA is created by and exists upon the contract authority and power that
people have reserved for themselves.
PMA members are free to exchange any information whatsoever on any
topic they choose and can speak or write about, listen to, or read any
information, use or obtain any information, product, or service on any terms
agreeable to any member who chooses to provide that information,
product, or service within the private membership association.
PMAs are under no general lawful/legal obligation to recognize any
statutory title of public competency,
education or training (licensed persons/experts).
Public Law, Regulations and internal Rules of administrative agencies that
regulate the public do not generally reach a PMA because they would
impair, impede, obstruct or defeat the PMA members’ ability to discuss,
hear, read or speak about, print, obtain and use things which may be
prohibited to be disclosed to or used by the public unless the private
membership association commits a nefarious act which means some form
of human rights violation or evil act against another human.

A PMA generally falls outside the jurisdiction of Public Law, Regulations


and internal Rules of administrative agencies including, but not limited to,
the Public Law that created the FDA and other agencies.

A Private Membership Association is men and woman collectively asserting


and standing upon their secured perfect rights to assemble and associate;
their reserved authority; their pre-existing claim to absolute authority and
control over the health of their own body, mind and spirit and rights
(hereinafter collectively referred to simply as “rights”) A PMA functions by
the members acting as people, in their real private character and capacity,
“No State can make a law that impairs the obligation of a contract” and
therefore is without jurisdiction.
All businesses and industries have the ability to remove the business from
the jurisdiction of public law and to implement the protections of operating
within the private domain. In todays world, business leaders are not taught
to seek these protections and are educated to operate their business in
compliance with and subject to public law. This compliance typically comes
in the form of requesting a business license or forming a corporation or an
LLC.
The definition of license is “written permission, from a competent authority,
to do something that would otherwise be illegal”. Any business operating
under a state or county issued business license is operating only under the
permission of that governmental entity. If we continue to ask permission to
operate our business or continue to ask permission (license) to conduct our
own activities, we will be subject to the terms under which that permission
is granted, i.e. public law.
Likewise with conducting business as a Corporation, LLC, foundation, etc.
A corporation, according to long settled case law, is “a creature of the state
and presumed to be operating for the benefit of the public”. You cannot
create a corporation upon your own authority, you must petition the state to
do it on your behalf. If you could create this entity upon your own authority,
it would be a private association. As a creature of the state, the
corporations will always be subject to their creator (the State) and
regulation of public law. There is a better answer! A Properly Formed PMA!

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy