In presenting this paper, imagine you are a clerk for a Supreme Court justice (clerks are recent graduates, usually of elite law schools, who assist the justices for a year or two) and you have been asked to present a document that (1) analyzes Supreme Court commerce clause cases starting with Gibbons v. Ogden and (2) that provides for the justice a summary and context for evaluating the issues raised in the Bates appeal.Don't just summarize each case. Instead explain why the precedents and the principles involved in those cases are appropriate and relevant for deciding Bates. Think of this paper as your response to the justice's request.

There's no need to provide a detailed summary of the background of the Bates case. Details about Bates will arise anyway as you discuss precedents and their relevance to Bates. There's no need to provide an analysis of the role of precedent in judicial decision making. The posted materials about precedent and discussion in the assigned reading are there to help you understand the logic of Supreme Curt decision making.

Do not present this paper as if you were actually deciding Bates and writing a proposed opinion for the Supreme Court. These matters will be the focus of the paper assigned in Lesson 13 . Rather, this paper should address the evolution of commerce clause precedents and how they establish a context for evaluating the issues raised in United States v. Bates.