A funny argument to make when the “contract” is entirely automated, without negotiation or consideration.
Such agreements should not be enforceable in the first place.
Such agreements should not be enforceable in the first place.
At least no constitutional amendment is required to fix this. These US Supreme Court rulings have been based on the Federal Arbitration Act, a regular statue, not on the Constitution (except as the source of Congress’s authority to override state law on this issue).