Understanding the Power of Private Membership Associations (PMAs)

“The constitutional right to free association includes the right to privacy in one's associations.” - NAACP v. Alabama, 357 U.S. 449 (1958)

Introduction:

Private Membership Associations (PMAs) offer a powerful framework for individuals and businesses to operate within the private domain, free from many public regulations and governmental interference. Grounded in several amendments of the U.S. Constitution, PMAs protect the rights to freely associate, assemble, and contract privately.

This article will explain the lawful basis and benefits of PMAs, supported by precedents and Supreme Court decisions.

What is a Private Membership Association (PMA)?

A Private Membership Association (PMA) is a collective of individuals who assert their rights to assemble and associate, exercising control over their bodies, minds, and rights. PMAs operate within the private domain, offering protections from public laws and governmental interference.

Lawful Foundation of PMAs

PMAs are grounded in several amendments of the U.S. Constitution, including the First, Fourth, Fifth, Ninth, Tenth, and Fourteenth Amendments. These amendments collectively protect the rights of individuals to freely associate, assemble, and contract privately without undue interference from the government. Here’s a closer look at the Constitutional Amendments in support of PMAs:

1. First Amendment:

- Protects the freedom of speech, assembly, and association.

- Supreme Court cases, such as N.A.A.C.P. v. Button and Thomas v. Collins, affirm that the right to associate is a fundamental liberty protected from state interference.

2. Fourth and Fifth Amendments:

- Protect against unreasonable searches and seizures and ensure due process of law.

- The due process clause in the Fifth Amendment supports the right to private contracts.

3. Ninth and Tenth Amendments:

- Affirm that rights not specifically granted to the government by the Constitution remain with the people.

- These rights include self-determination, home schooling, lifestyle choices, and more, as long as they do not infringe on others’ rights or create a substantive threat.

4. Fourteenth Amendment:

- Ensures equal protection under the law and extends the due process protections of the Fifth Amendment to actions by state governments.

Understanding Crimes: Mala in Se vs. Mala Prohibita

To understand the lawful landscape for PMAs, it's important to differentiate between mala in se and mala prohibita crimes:

- Mala in Se Crimes: These are acts that are inherently evil or wrong, such as murder, rape, or robbery. These actions are universally recognized as criminal, even under common law.

- Mala Prohibita Crimes: These are acts that are not inherently wrong but are prohibited by statute for the public welfare, such as practicing a profession without a license. These actions are criminal only because they are defined as such by legislation.

In the private domain of a PMA, activities that would be considered mala prohibita in the public domain can be lawfully protected, provided they do not present a clear and present danger of substantive evil.

Benefits of a PMA

PMAs offer numerous advantages for individuals and businesses seeking to operate privately. Here are some key benefits:

- Freedom from Public Regulations:

- PMAs are not subject to the same public laws and regulations as public entities, provided their activities do not present a significant harm to society.

- Privacy and Autonomy:

- Members can freely exchange services and information within the association, maintaining privacy and control over their activities.

- Reduced Regulatory Burdens:

- PMAs are not required to comply with many licensing and regulatory requirements, reducing operational costs and administrative burdens.

- Lawful Protections:

- Supported by numerous Supreme Court decisions, PMAs receive protections that safeguard their right to operate within the private domain.

Key Lawful Precedents Supporting PMAs

Several landmark Supreme Court cases highlight the protections afforded to PMAs:

- N.A.A.C.P. v. Button (1963):

- Recognized the right to association and free assembly, safeguarding private associations from state interference.

- Pierce v. Society of Sisters (1925):

- Described the private domain as a “sanctuary from unjustified interference by the State.”

- Roberts v. United States (1984):

- Referred to the private domain as a “constitutional shelter” and “shield” from state overreach.

- Thomas v. Collins (1945):

- Affirmed the First Amendment right to association as creating domains set apart for free assembly.

Practical Applications of PMAs

PMAs can be utilized across various industries to avoid undue regulation and maintain private control over operations. Examples include:

- Healthcare:

- Practitioners can operate without state medical licenses within a private health association, provided they do not pose a danger to the public.

- Education:

- Homeschooling groups can function as PMAs to maintain autonomy over educational choices.

- Business:

- Businesses can form PMAs to conduct activities free from certain public laws and regulations, enhancing operational flexibility and reducing costs.

Empower Your Freedom with a PMA

Private Membership Associations provide a powerful framework for individuals and businesses to operate privately, free from excessive regulation and interference. By forming a PMA, you can exercise your rights to association and contract, protected by Constitutional Law and Supreme Court precedents.

Join the Movement

If you seek greater freedom and control over your personal or business activities, consider forming or joining a Private Membership Association. At The Alchemy of Impact, a PMA of the Golden Trust Foundation, we specialize in helping individuals and businesses establish PMAs that fully leverage the protections afforded by U.S. and international law.

Next Steps: Are you ready to create your own PMA?

For more detailed information, tips, or advice, become a member of our PMA.

Membership provides access to comprehensive resources and support within the private domain. Contact us today to learn how you can implement the protections of the private domain and achieve your goals with a PMA.

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Join us and discover how a Private Membership Association can empower you to live and work with greater freedom and privacy.