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Controversially, courts have upheld that citizens can sign away their right to a trial by jury; it's called binding arbitration. Also normal (non-government) N
by mLuby 6y ago
Controversially, courts have upheld that citizens can sign away their right to a trial by jury; it's called binding arbitration.
Also normal (non-government) NDAs let you sign away your right not to be punished for speaking about certain matters. I don't like it, but it's pretty well established.
Point is that—legally speaking—rights aren't actually inalienable.
- MichaelZuo 6y agoIf constitutional rights can be signed away with the stroke of a pen since they are alienable... then a lot of absurdities become possible, such as someone selling themselves into slavery and so on. Do you know the prominent cases of the examples you mentioned?
- ibejoeb 6y ago> citizens can sign away their right to a trial by jury; it's called binding arbitration You can contract with another private entity to resolve disputes via arbitration, yes, but not with the state. The closest thing might be a plea agreement, but that happens after an indictment. You still have the right to a trial, but you may forego it if you choose. I suppose if you're saying that a security clearance is like an NDA with the state, it's a reasonable comparison in function, but the means of prosecution is entirely different. It's like saying that everyone could be subject to UCMJ because of conscription.