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This means that you can practice almost anything without a license within your properly formed Private Membership Association of private members!!! 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. In other words, a private mode or domain is protected and is a different domain than a public domain. The “modes of …Īssociation protected by the First and Fourteenth (are modes) which Virginia may not prohibit. In the public domain, a person who advises another that his legal rights have been infringed and refers him to a particular attorney has committed a mala prohibita felony crime in the State of Virginia.īut in the private domain of a First Amendment legal membership association, the state, “…in the domain of these indispensable liberties, whether of… association, the decisions of this Court recognize that abridgment of such rights (occurred).” N.A.A.C.P. After the licensing statute, a person who conducts that profession without a license could be charged with a felony criminal offense for practicing without a license. A mala prohibita crime is not a “crime in itself” but is only a crime because a state legislature or federal congress makes it a crime for the public welfare.įor example, the federal government or a state may decide to license a certain profession that was legal to do before licensing. A mala in se crime is a “crime or evil in itself,” e.g., murder, rape, bank robbery, etc. In order to understand why a Private Association should work for you, a couple of legal principles need to be understood.įirst, an understanding of the difference between a mala in se crime and a mala prohibita crime is important.
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Your relationship with your members is a private contractual relationship and according to long settled case law, the State CANNOT impair your right to contract. In other words, there should be no concern of being subject to an injunction or criminal charges of practicing medicine, or law, or any other field without a license by law enforcement when practicing your profession within a Private Health, Private Membership, or any other Private Association with only private members, not public patients or clients. This right is not absolute, but your association would have to be operating in the realm of a clear and present danger of substantive evil in order to trigger even an investigation. This means that your association business, and its members remain in the private domain and remain outside the jurisdiction of public law and authority of all state and federal agencies and law enforcement authorities. You can legally practice your profession in a properly formed First, Fourth, Fifth, Ninth, Tenth and Fourteenth Amendment Private Membership Association.