Digest

Ellie Mistal, author of "Bad Law," identifies ten laws she believes are harming America. Her criteria for selection include demonstrable harm, ease of repeal, and significant consequences. Mistal emphasizes the importance of constitutional skepticism regarding pre-1965 laws due to the lack of full democratic participation in their creation, using the 1965 Voting Rights Act as a crucial turning point. She analyzes specific examples, including the 1921 Immigration and Nationality Act (illustrated by the Mahmoud Khalil case), highlighting its racist eugenics roots. Mistal argues that all voter registration laws are anti-democratic, hindering participation, particularly among marginalized groups. She contrasts restrictive states like New York with more accessible systems like North Dakota's lack of registration. Her critique extends to the Airline Deregulation Act of 1978, arguing its neoliberal approach led to negative consequences. Mistal explains why the US has the least representative democracy among wealthy nations, proposing increasing the number of House representatives, potentially using the "Wyoming Rule," to improve representation and indirectly impact the Electoral College. The interview concludes with a discussion of Mistal's influences and a brief mention of the Britbox series "Ludwig."

Outlines

00:00:16

Bad Laws Harming America: An Introduction

Introduction to Ellie Mistal and her book "Bad Law," which analyzes ten laws she believes are harming America due to their design and consequences. She details her selection criteria: consequential, easily repealed, and demonstrably harmful.

00:01:27

The Selection Process and Pre-1965 Laws

Mistal explains her process of selecting the ten laws, focusing on those with immediate negative consequences and prejudiced motivations. She discusses the need for constitutional skepticism towards pre-1965 laws due to limited democratic participation.

00:07:04

Case Studies: Immigration, Voter Registration, and Airline Deregulation

Analysis of the 1921 Immigration and Nationality Act (using the Mahmoud Khalil case), the anti-democratic nature of voter registration laws, and the negative consequences of airline deregulation under a neoliberal approach.

00:29:24

Lack of Representation and Proposed Solutions

Mistal discusses the US's lack of representative democracy, particularly in the House of Representatives, and proposes increasing the number of representatives, potentially using the "Wyoming Rule," to improve representation and indirectly impact the Electoral College.

00:36:35

Mistal's Background and Conclusion

Mistal discusses her upbringing, influences, and the conclusion of the interview, briefly mentioning the Britbox series "Ludwig."

Keywords

Q&A

• What is the central argument of Ellie Mistal's book, "Bad Law"?

  Mistal argues that ten specific laws are actively harming America and advocates for their repeal.

• Why does Mistal believe many pre-1965 laws should be viewed with constitutional skepticism?

  Because these laws were enacted before full democratic participation, their legitimacy is questionable.

• How does Mistal connect the 1921 Immigration and Nationality Act to current events?

  She uses the case of Mahmoud Khalil to illustrate how outdated, racist laws continue to negatively impact immigrants.

• What is Mistal's critique of voter registration laws?

  She argues they are inherently anti-democratic, creating unnecessary barriers to voting.

• What is Mistal's analysis of airline deregulation?

  She criticizes its neoliberal approach, arguing it led to negative consequences for the public.

• What solution does Mistal propose to improve the representativeness of the US government?

  She suggests increasing the number of representatives in the House, potentially using the "Wyoming Rule."

Show Notes