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Simple English definitions for legal terms

Commerce Clause

Read a random definition: IFP affidavit

A quick definition of Commerce Clause:

The Commerce Clause is a part of the US Constitution that gives Congress the power to regulate trade between different states, with other countries, and with Native American tribes. This has caused a lot of debate about how much power the federal government should have compared to the states. The courts have interpreted the Commerce Clause in different ways over time, with some saying it only applies to trade and others saying it can be used to regulate many different activities. In recent years, the Supreme Court has tried to limit Congress's power under the Commerce Clause, but it still has a big impact on how laws are made and enforced in the US. The Commerce Clause also affects state governments by preventing them from passing laws that discriminate against or harm businesses from other states.

A more thorough explanation:

The Commerce Clause is a part of the United States Constitution that gives Congress the power to regulate commerce between states, with foreign nations, and with Indian tribes. This clause has been used by Congress to pass laws that affect the activities of states and their citizens.

For example, in 1990, Congress passed the Gun-Free School Zones Act, which made it illegal to carry a gun within 1,000 feet of a school. The law was challenged in the case of United States v. Lopez, where the Supreme Court ruled that Congress did not have the power to regulate guns in schools because it did not have a substantial effect on interstate commerce.

However, in other cases, the Supreme Court has taken a broader interpretation of the Commerce Clause. For example, in the case of Wickard v. Filburn, the Court ruled that Congress could regulate the amount of wheat a farmer could grow for personal use because it could affect the overall supply and demand of wheat in the country.

The Commerce Clause has also been used to prevent states from passing laws that discriminate against or excessively burden interstate commerce. For example, in the case of West Lynn Creamery Inc. v. Healy, the Supreme Court struck down a Massachusetts state tax on milk products because it discriminated against non-Massachusetts citizens and businesses.

Overall, the Commerce Clause is an important part of the Constitution that has been the subject of ongoing debate and interpretation.

commerce | commerce power

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19:15
Ty me too 🙏
19:15
@Silver: if you want to practice in IL then there’s likely no better school than the in state schools
@SpectacularDefiantMouse: yeah, like condemnedpuffygnome, I'm not really preparing for law school by taking some courses or anything like that. The only way I'm going to be preparing is by getting myself into a rhythm schedule-wise, well enough in advance of the first day of classes, that I think will be necessary for me to do well 1L.
I'm very much not in rhythm now. lol. But I've 3-ish months.
19:55
@Silver: Cost of attendance is what matters. $37K in-state tuition = $47K sticker price with a $10K scholarship elsewhere, $70K sticker with a $40K scholarship is better than either, $40K sticker with a $0 scholarship worse than both.
19:55
(Assuming placement etc. is comparable)
Congrats on Harvard, jb2028. Any reason you applied to A&M but not Texas at Austin? Seems odd.
19:58
@BankruptcyAndRestructuringLawIsCool: Family connection, they gave me a CAS waiver so it was free
Question for the chat about judicial internships (not externships). My understanding is that judicial internships (as opposed to externships) during the summer are unpaid. How, then, do people who get them pay living expenses during the summer? Do they just make loans stretch for 12 months when they're only meant for 9? I heard that some people supplement the internship with, e.g., a research assistant position with a law professor. But would such a person both do the internship and the RA position at the same time? And if so, is that too much work or feasible?
I don't know what the workload is really like for judicial internships and RA positions.
Also curious what other things people might do to supplement an unpaid judicial internship over the summer with something paid.
20:20
@BankruptcyAndRestructuringLawIsCool: Many schools will provide some type of stipend for unpaid summer roles with a public interest employer (defined broadly, often includes any gov or judicial job)
Right, I thought so. At BU, though, it appears that what's called BU's public interest project grant is not available to supplement judicial internships. And I think its public service summer funding is also limited. Oh well.
21:13
@BankruptcyAndRestructuringLawIsCool: FWIW they allude to some type of funding ("BU Law has implemented separate funding sources for judicial interns") in this packet https://www.bu.edu/law/files/2023/11/Public-Service-Summer-Funding-Applicant-Packet-2024.pdf
21:13
Although they don't give details, and as you note they don't guarantee funding to everyone (which is in line with other $ they offer, e.g. the LRAP)
21:14
Anyone know how hard it is to do pro bono work as a 1L for judges or fed gov in general in the D.C. market
21:14
Idk much about pro bono opportunities period but thinking I wanna try to get some work experience as soon as humanly possible
21:14
When I begin law school I mean
21:15
Lines up with BU's limited endowment: $81K per student a few years ago, i.e., enough to support a payout of about $3,250 per student per year at a 4% payout rate https://leiterlawschool.typepad.com/leiter/2022/05/per-student-value-of-law-school-endowments-2021.html
21:17
Seems like they're trying to compete with other schools on program headlines (we fund X, Y, and Z and we have an LRAP) but the endowment can't really support that, so they have all these programs but don't guarantee funding. Would not rely on that if you have alternatives.
Thanks for those links. I'll give the public service summer funding information packet, in particular, a careful read. But yeah, your takeaway seems right.
KnowledgeableRitzyWasp
22:33
i could really use some fried chicken right now
KnowledgeableRitzyWasp
22:34
kfc or popeyes
KnowledgeableRitzyWasp
22:34
or korean with gochujang
KnowledgeableRitzyWasp
22:35
i might order some gochujang sauce on amazon and cook some air fried chicken breast filets, they’re really good
KnowledgeableRitzyWasp
22:35
just letting you guys know :)
0:14
Where I can find the definition of the false-endowment?
11:14
@Mohammed: False-endowment?
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