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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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MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
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