Good constitutional amendment?

[Sub Zero]

This is entirely hypothetical (of course), but what do you think of this as a constitutional amendment?

Keep in mind it's not worded perfectly as it's only a hypothetical...

"No person may surrender, either voluntarily of involuntarily, any right or protection granted to them under this constitution or any law of the united states. Nor may any person surrender their ability to bring a complaint before a court."

[MercutioATC]

1. Its purpose?

...and define "surrender"...surrender to another party for their use or fail to utilize?

[Sub Zero]

3. Surrender

as in to give up a right or protection or access to the courts.

It's purpose? Well for one thing to combat corporations essentially exempting themselves from law.

Many corporations require employees to surrender their ability to go to court in favor of arbitration, for example. (which is of course biased in favor of the corporations) So they fire you for being arab and you want to go to court? Too bad.

Another example is the government. I don't like the idea of people surrendering their rights. (particularly in the legal system) With this regime that concept could be expanded...

[mulethree]

2. yikes

Most people surrender a huge pile of rights every time they go to work. Insurance policies that limit tort options are getting popular. How do you keep a government secret if people won't surrender their right to free speech? Right to bear arms - anywhere.

I like it.

[bvar22]

4. I understand what you intend.

..but now, I am free to surrender some rights if I choose to do so.
Your Ammendment would take away one of my rights.

Most, if not all,of the Constitutional Ammendments place limits on Government, not the individual.

[Sub Zero]

5. But why would you want to surrender a right?

Do you *really* want to surrender your right to free speech? Your right to go to court? Your right to a jury?

I can't think of a right anyone would WANT to surrender...

[MercutioATC]

7. Our right to elect our leaders, perhaps?

Are you talking about mandatory voting?

[Sub Zero]

8. No I'm not

but you could not surrender your right to vote, I suppose.

There is a difference between surrendering a right and not using a right.

For example, I am not printing a news paper right now. Just because I'm not printing a news paper, however, doesn't mean I don't have a right to do so. So I still have that right.

NOW - if the government came, for example, and said "sign this paper agreeing that you will never print a news paper ever" that would be surrendering a right.

[MercutioATC]

10. gotcha

[bvar22]

9. But YOU are asking me to surrender a right?

Yes?

Under certain conditions, I may (and have) surrendered my 4th Ammendment Rights to assist the Police in their pursuit of a violent felon.

On Edit: The 4th Ammendment is our protection against unwarrented searches. I allowed the police to search my apartment without a warrent or probable cause to eliminate my apt. from a search for a fleeing armed robber.

[Sub Zero]

11. No you didn't

They were looking for a fleeing armed robber and they obviously had some reason to believe searching your apartment might lead to his being found. That's probable cause.

If the police had NO reason to believe searching your apartment would help locate him then they would have no reason to legitimately search it. (no probable cause) Nor would you allowing them to do so help in any way.

[bvar22]

12. You are wrong.

The elimination of my apartment was not justified under probable cause.

I also let patrol officers search my car for drugs during a routine stop without probable cause. This bothered me later when I thought about it, but I would keep my Right to Choose.

Why do you want to take away my rights?

[Sub Zero]

13. Spare me the mind game

"Why do you want to take away my rights?"

This is circular logic.

If you TRULY want to let any cop who asks search your place whenever they ask with out probable cause then if anything this amendment would be for your own good. You are being walked all over and don't even know it.

The founders gave us rights for a reason.

[chomskysright]

6. re: assuring vote: go check out Jesse Jackson, Jr (D-IL)