Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

ratchet theory

Read a random definition: avoidable cost

A quick definition of ratchet theory:

Ratchet Theory: A rule in Constitutional law that says Congress can make laws to protect people's rights under the 14th Amendment, but they can't make laws that take away those rights. It's like a ratchet that only goes one way - it can tighten to protect rights, but it can't loosen to take them away. This idea was first said by a judge named Justice Brennan, but later the Supreme Court said it wasn't true anymore.

A more thorough explanation:

Definition: Ratchet theory is a principle in constitutional law that states that Congress can increase the scope of 14th Amendment guarantees, but cannot reduce them once they have been defined by the Supreme Court.

For example, if the Supreme Court has defined a certain right under the 14th Amendment, Congress can pass laws to strengthen or expand that right, but they cannot pass laws that weaken or take away that right.

This principle was first stated by Justice Brennan in the case of Katzenbach v. Morgan in 1966. However, it was later rejected by the Supreme Court in the case of City of Boerne v. Flores in 1997.

Overall, ratchet theory is an important concept in constitutional law that helps to ensure that the rights guaranteed by the 14th Amendment are protected and cannot be easily taken away.

rat | rate

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
LSD+ is ad-free, with DMs, discounts, case briefs & more.