17:35
@trees1234567: shadowban lol
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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.