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Simple English definitions for legal terms

ratchet theory

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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.

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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