The Private Domain is a Protected Domain
In Hale v. Henkel, 201 U.S. 43 (1906), one of the most often quoted cases decided by the Supreme Court, the justices describe the fundamental difference between man acting in his private character and capacity (as himself) and a “person” in a public character and capacity acting as a corporate officer when the court stated:
“… we are of the opinion that there is a clear distinction in this particular between an individual and a corporation, and that the latter has no right to refuse to submit its books and papers for examination at the suit of the state. The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to investigation, so far as it may tend to incriminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the state and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights.
Upon the other hand, the corporation is a creature of the state. It is presumed to be created for the benefit of the public. It receives certain special privileges and franchises and holds them subject to the laws of the state and the limitations of its charter. Its powers are limited by law. It can make no contract not authorized by its charter. Its rights to act as a corporation are only preserved to it so long as it obeys the laws of its creation. There is a reserved right in the legislature to investigate its contracts and find out whether it has exceeded its powers. It would be a strange anomaly to hold that a state, having chartered a corporation to make use of certain franchises, could not, in the exercise of its sovereignty, inquire how those franchises have been employed, and whether they had been abused, and demand the production of the corporate books and papers for that purpose.” (Emphasis supplied.)
All of the above beg the question, from whom did the Constitution derive authority?
The Constitution, and the constitutions for all 50 states, all claim to be authored by “We the People.” In other words, in The United States of America, all authority and power flows from the People to the government; from the government to its administrative agencies; from its agencies to the offices of the agencies and from the office to the agents, employees, officers and officials occupying said office.
Contracts are constitutionally protected. In Florida that protection is secured by Article 1, Section 10, of the Constitution of the State of Florida, which states that “no bill of attainder, ex post facto law or law impairing the obligation of contracts shall be passed.”
Article 1, section 10, of the Constitution for the United States of America prohibits Congress from passing any “… Law impairing the obligation of contracts.”
The above stated are perfect rights which can be lawfully/legally enforced.
We the people today, just as “We the People” did some 241 years ago, can author and enter into contracts creating Private Membership Associations without requesting or receiving any authority, permission or approval from any government.
YOU CANNOT SAVE THE PUBLIC!
A contract that creates a Private Membership Association, in the private sector, deals only with members who knowingly and willingly assert and stand upon their state and federal constitutionally secured rights and conduct their affairs privately.
Based upon rights expressly set forth in sections of the state and federal constitutions; rights that have been incorporated in various provisions and sections of the constitutions; and rights that are created or recognized in the laws made in pursuance of the states’ and federal constitutions; the Peoples’ (our) reservation of certain authorities and powers that were not delegated to government; and peoples’ exercise of their pre-existing claim to absolute control over their own body, mind, and spirit, “We the People” inherently possess all the authority and power necessary to create private membership associations through contracts that we author, enter and administer.
The bottom line is that whatever you do that is good, moral, naturally right, beneficial to mankind or lawful (regardless of being prohibited by any state or federal statute) communicated or performed in the assertion of and standing upon the above-referenced constitutionally secured rights, within the confines of a PMA, by and between PMA members only, are private contractual matters which are not generally controlled, governed or regulated by Public Law, Regulations or administrative agency Rules.