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Simple English definitions for legal terms

enumerated powers

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A quick definition of enumerated powers:

Enumerated powers are the things that the government is allowed to do, as written in the Constitution. These powers are mostly given to Congress, and include things like collecting taxes, making laws, and keeping the country safe. There are 27 specific powers listed in the Constitution, but some other powers can be inferred from the things that are listed. These powers are different from implied powers, which are not specifically written down, and inherent powers, which come from just being the government.

A more thorough explanation:

Definition: Enumerated powers are the powers given to the Federal government, specifically to Congress, which are listed in Article I, Section 8 of the U.S. Constitution. These powers include:

  • The power to collect taxes
  • The power to pay debts
  • The power to provide for the common defense and general welfare of the United States
  • The power to regulate commerce with foreign nations
  • The power to establish tribunals inferior to the Supreme Court
  • The power to raise and maintain armed forces
  • The power to declare war
  • The power to establish a Post Office

The Constitution delegates 27 powers specifically to the Federal government. Clauses from Article I, Section 8 of the Constitution lay out powers specific to Congress and are often referred to as the Commerce Clause (Clause 3), Necessary and Proper clause (Clause 8), and General Welfare or Taxing and Spending clause (Clause 1). These clauses are broadly interpreted and grant Congress powers that are not specifically enumerated.

Examples: One example of an enumerated power is the power to collect taxes. This means that Congress has the authority to create and enforce laws that require individuals and businesses to pay taxes to the government. Another example is the power to declare war. This means that Congress has the authority to officially declare war on another country.

Explanation: Enumerated powers are specific powers given to Congress by the Constitution. These powers are listed in Article I, Section 8 and include things like the power to collect taxes and the power to declare war. These powers are important because they give Congress the authority to make laws and decisions that affect the entire country. Without enumerated powers, the government would not have the ability to function effectively.

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Anyone here from ND
CTCSH
16:47
No, just asians and new yorkers
babybunny
18:07
i’m new york adjacent so it’s nice to feel included
18:35
Would you guys consider going to Law school out of state or should I try and stay In-state for cost?
18:41
It depends tbh. Can you get scholarships do you want to practice in your state what’s your debt tolerance… idk there’s a lot that goes into applying that needs to be considered. Personally I don’t wanna practice in my state and the schools in my state don’t transfer to the area(s) I would prefer to practice in I’d have been screwed had I stayed in state so in my case I definitely consider going out of state haha
18:45
In State would be Illinois, I don't quite know where I want to be though. Not applying till end of 2024.
KnowledgeableRitzyWasp
18:47
@TruthTheX: praying for your gulc uprising
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.
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