Did you have a business shut down last year because of mandates due to this plandemic? Were you upset, felt like you were not in control of your business or life? What if there were guarantees put in place where you could have stayed open, but you didn't know about them? How life-changing would it be if you never had to shut down again? What about not having to worry about government overreach. What if I told you there was a way to make this all happen in as little as two weeks? The answer is based on the United States Constitution and standing case laws.
What is a P.M.A.? A PMA (Private Membership Association) consists of founding documents written to take your business out of the public and into the private. Let's say you have an L.L.C., a public business subject to state and federal law. If you took that same business and converted it into a P.M.A., you would be operating entirely privately. Why is that important? Because operating entirely in the private keeps the eyes of the state and federal government out of your business. A properly formed P.M.A. is protected by the 1st, 5th, 9th, 10th and 14th Amendments of the U.S. Constitution and parts of your State Constitution.
Let's take a look at the Fourteenth Amendment, which guarantees that all persons born or naturalized in the United States and subject to the jurisdiction thereof are citizens of the United States and the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Let's look at the Ninth Amendment, which guarantees certain inalienable rights to every man, woman, and child. Those inalienable rights include not only the freedom of life, liberty, property, speech, assembly, and due process, but any right or freedom which the Constitution does not specifically give to the government. If the Constitution does not assign a specific right or freedom to the government, we all have that right or freedom.
Those freedoms include the right of self-determination, homeschooling, choice of suppliers of products and services, choice of lifestyle, food, drink, and any liberty or freedom that does not infringe on the rights and freedoms of others or is a threat. In a private membership association, the members have all the rights and privileges not explicitly banned unless they present a clear and present danger of substantive evil.
Knowing all this, how can you protect yourself, your business, and build a community to support friends and family? You are probably saying, ok, Aaron get to the point, and I will. It's just extremely important you know how you are protected before you run off with a newly formed P.M.A.
But first, I need to share a few case laws with you. (tip - use google scholar and type in private membership associations to see other cases).
N.A.A.C.P. v. Button, 371 U.S. 415 at 421. The "modes of … association protected by the First and Fourteenth (are modes) which Virginia may not prohibit. N.A.A.C.P. v. Button, at 415.
In other words, a private mode or domain is protected and is a different domain than a public domain. What was a 'mala prohibita' felony criminal act in the public domain became a legally protected act in the private domain or private association. A 'mala in se' crime is not legally protected in the private domain or private association. That being said, you can practice almost anything without a license within your properly formed Private Membership Association of private members!!!
The only exception is if your association practices, proposes or promotes a transparent and/or present danger of substantive evil.
The private domain is referred to as a "sanctuary from unjustified interference by the State" in Pierce v. Society of Sisters, 268 U.S. 510 at 534-535. And as a "constitutional shelter" in Roberts v. United States, 82 L.Ed.2d 462 at 472. And again as a "shield" in Roberts v. United States, supra at 474. In addition, the U.S. Supreme Court in Thomas v. Collins, 323 U.S. 516 at 531, specifically refers to the "Domains set apart…for free assembly." The First Amendment right to association creates a "preserve" Baird v. Arizona, 401 U.S. 1.
The private domain of an association is a sanctuary, constitutional shelter, shield, and domain set apart and a preserve according to a number of U.S. Supreme Court decisions. Again, your properly formed Private Membership Association of private members is in the private domain with the protection of numerous favorable U.S. Supreme Court decisions with no decisions to the contrary to date.
After looking at these court cases, we can see how the P.M.A. can be applied to protect our businesses and livelihoods in today's world; we haven't even gotten into possible tax benefits of P.M.A.’s
Now a P.M.A. may not make sense for every business; one example I use is a plumber who has to show a license to buy acetylene for their torches. In some cases, it makes sense to work in both the public and the private. That is why it's essential to talk with me before deciding if a P.M.A. is suitable for you. The first step in starting or turning your existing business into a P.M.A. is to schedule a 30-minute evaluation to see if, and what type of a P.M.A. is right for you.
Remember, God created the people, people created the states, and the states created the government. The founding fathers knew this and ensured all our liberties are protected. We need to understand how to use what's in place to provide for our families and communities without worrying about government overreach. God Bless.
Aaron Bowman - East Coast PMA - Telegram Channel https://t.me/joinchat/HYKDQV7Sy1tlZTkx. Recent interview with Ernest Hancock HERE