Comment Re:Repercussions, you have a right to refuse a rig (Score 1) 415
I'd make a significant distinction between refusing to exercise a right and surrendering a right. I have the right to remain silent. If I choose to say something it doesn't imply I've surrendered by right to stop speaking later. You can always choose to not exercise a right because you feel it is in your best interest (waiving your right to a trial for instance). Depending on the type of right choosing to surrender it may imply a future obligation. An example would be testifying in your own defense at court. Choosing to testify on your own behalf may open you to answering questions that you might otherwise have been able to remain silent.
Which leads us directly to the question of natural (inalienable, or, in other words non-surrender-able) rights versus legal rights. With this judgement our Supreme Court seems to have clarified that the right to seek justice is a legal rather than an inalienable right, and can, therefore, be surrendered. I fundamentally disagree. One of the roles of government is to foster justice, not establish it. Unfortunately the constitution disagrees:
"We the People of the United States, in Order to form a more perfect Union, establish Justice..."
or at least appears to. I *think* they (the framers) mean to establish what justice *is* rather than establish the right to seek justice. In that case there can be no arbiter above the government for the defining of just practice. I could then choose to waive my right to trial but never surrender it. Clearly the Supreme Court disagrees with me.