The Power of Business in The Private Domain

PMA = A Private Membership Association

 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, or any field of human interest, a Private Membership Association will allow you to practice with the added protection of the Universal Declaration of Human Rights (UDHR) and our Constitutional Rights.

 Over the past several decades and due to favorable rulings, opinions and interpretations by the Supreme Court, the law of the land has highlighted our constitutional rights to conduct business in a PMA, or private membership association. 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 of a private membership association PMA, 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 First and Fourteenth Amendment 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 Only Because They Haven’t Been Educated on The Protections of The Private Domain

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 today’s 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. There is a better answer! A Properly Formed PMA!

It Is the Mission of PMA Power (www.pmapower.org) to help educate business leaders and professionals to seek the protections they should have already learned. The protections within the private domain.

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