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Affirmation of Valerie Zicaro as American National 11-20-2018



Why set up a Private Membership Association?

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”. 

The right of association is part of the “bundle of rights protected by the First Amendment and related to “the right of privacy implicit in the First Amendment.” 

“The right of association has become a part of the bundle of rights protected by the First Amendment, and the need for a pervasive right of privacy against government intrusion has been recognized, though not always given the recognition it deserves. Unpopular groups like popular ones are protected. Unpopular groups if forced to disclose their membership lists may suffer reprisals or other forms of public hostility. But whether a group is popular or unpopular, the right of privacy implicit in the First Amendment creates an area into which the Government may not enter.” Gibson, 372 U.S. at 569-70 (citations and footnote omitted).

See generally NAACP v. Alabama ex rel. Patterson, 357 U.S. 449 (1958). The Court held that, “the immunity from state scrutiny of membership lists which the Association claims on behalf of its members is here so related to the right of the members to pursue their lawful private interests privately and to associate freely with others in so doing as to come within the protection of the Fourteenth Amendment.” Id. at 466. Justice Harlan opined that, “It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the ‘liberty’ assured by the Due Process Clause of the Fourteenth Amendment, which embraces the freedom of speech.” Id. at 460 *Copied from www dot pma solutions dot us

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 health 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.

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