RATCHET THEORY

ratchet theory.Constitutional law. The principle that Congress, in exercising its enforcement

power under the 14th Amendment, can increase but not dilute the scope of 14th Amendment

guarantees as previously defined by the Supreme Court. • The thought underlying the term is that

the enabling clause works in only one direction, like a ratchet. The theory was stated by Justice

Brennan in Katzenbach v. Morgan, 384 U.S. 641, 86 S.Ct. 1717 (1966), but was repudiated by the

Supreme Court in City of Boerne v. Flores, 521 U.S. 507, 117 S.Ct. 2157 (1997). — Also termed

one-way ratchet theory. [Blacks Law 8^th]