This episode explores the thesis that several popular American laws are fundamentally flawed and actively detrimental to society. Legal scholar Elie Mystal argues, in his new book "Bad Law," that these laws, passed before the 1965 Voting Rights Act, should be viewed with constitutional skepticism due to their origins in a fundamentally undemocratic system. He contends that many pre-1965 laws were intentionally harmful, reflecting racist or monopolistic agendas, and that simply repealing them would immediately improve life. For instance, Mystal highlights the 1921 Immigration and Nationality Act, citing its roots in eugenics and its current use to detain individuals without due process, as exemplified by the Mahmoud Khalil case. More significantly, the discussion delves into the anti-democratic nature of voter registration laws, arguing that automatic voter registration would drastically increase participation, mirroring the high turnout rates seen before these laws were implemented. The conversation also touches upon airline deregulation, illustrating how the abandonment of price controls led to a decline in service and the creation of a system where profitable airlines are repeatedly bailed out by taxpayers. Finally, Mystal proposes increasing the number of representatives in the House to create a more representative government, highlighting the historical precedent of adding representatives after each census rather than redistributing them, a practice abandoned in the 1920s. This analysis reveals how seemingly disparate issues are interconnected by underlying systemic flaws, offering a critical perspective on the need for legal reform in America.
