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by s1artibartfast 1116 days ago
After reading your comments last night, I think there's an argument that some of these these things are process operational constraints on how the state can operate. For example, the state doesn't have to charge someone in court, but if they do they must also provide the option for trial by jury.

I think the construction of if the state does X, it must also do Y sets it apart from a universal positive right.

I'm not a lawyer, but I believe the state can refuse to provide a jury trial for a citizen initiated legal action, like a civil suit by declining to hear the case.

I think you could find a similar framing for voting as well.