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Questions tagged [federal-law]

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38
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6answers
10k views

USPS Back Room - Trespassing?

I go to my local post office nearly every day to drop off packages for online purchases. A couple of years ago, I had a van full and it would have taken many trips to bring them inside. I asked a ...
0
votes
1answer
55 views

If we were to setup a cannabis store online hosted in Colorado (or any other state), can we legally serve California?

My main question is that since cannabis is still prohibited federally, would be illegal for cannabis sales data and payment processing to cross state lines?
1
vote
1answer
63 views

Arrest for civil violation in the US?

Immigration officers in the US can arrest people who have violated immigration law, even if the violation is not criminal (8 USC 1357(a)(2), 8 CFR 287.5(c)(1)). Are there other examples of civil ...
2
votes
1answer
54 views

Can a US cabinet secretary be criminally liable for a misapplication of federal law?

I am a bit surprised that this hasn't been asked yet, but it seems indeed that it has not. A few days ago, CNN reported: President Donald Trump told Customs and Border Protection Commissioner ...
7
votes
2answers
1k views

Can someone be penalized for an “unlawful” act if no penalty is specified?

If a US federal statute specifies that an act is unlawful without specifying a penalty, without using any of the words "misdemeanor," "felony," or "crime," and without invoking Title 18 CFR, can a ...
2
votes
3answers
91 views

what is “just compensation” during eminent domain?

The United States government uses eminent domain to seize private land for public use in exchange for "just compensation", but would the landowner be compensation for the structures on the land being ...
2
votes
3answers
97 views

What is law of the case in the us federal court system for district court judges?

Someone recently brought up the apple fbi phone unlock case and I, not being a lawyer, got curious about whether, if a final decision had been reached by that judge, what exactly that would mean. That ...
12
votes
3answers
5k views

Would it be legal for a US State to ban exports of a natural resource?

I am interested in whether a US state constitution could be legally amended to ban exports of specific natural resources (such as coal, lithium or copper) outside it's own state borders. If such a ...
11
votes
1answer
1k views

Is the U.S. Code copyrighted by the Government?

The age of the internet has brought all of human knowledge to our figure tips, this is only possible because of companies finding profitable reasons for storing all of this information for ...
6
votes
1answer
383 views

Title 53, why is it reserved?

Title 53 is currently 1 of 54 titles that make up the United States Code, each title is marked with the topic of law it contains, but Title 53 is marked as reserved. The listing of Title goes: ...
0
votes
1answer
37 views

Criminal Liability for judges under 42 USC 290-dd2(f) and 42 CFR 2.63 [Confidentiality of Substance Abuse Patient Records]

42 USC 290-dd2 establishes heightened confidentiality requirements for certain (really most) substance abuse treatment records. The statute grants authority to HHS to interpret the law and create ...
2
votes
1answer
127 views

Can a Federal Actor, through coercion, or by the omission of information, force a U.S. citizen to waive a state-given Constitutional right?

Can a Federal Actor, through the use of coercion, or by the omission of information, force a U.S. citizen to waive a state-given Constitutional right? Specifically: On the date of March 19, 2010, an ...
1
vote
3answers
475 views

Who actually enforces the bill of rights

The US bill of rights was constructed to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public ...
1
vote
1answer
74 views

What principal of law allows the US federal government to demand that people work without pay?

Certain US federal employees are required to work without pay in the event of a government shutdown (i.e. budgetary incompetence). If you are classified as an an essential employee, you must work with ...
1
vote
1answer
52 views

Does a DOJ grant of immunity protect against contempt of congress, or reenforce it?

For example, let's take Clinton tech aide Bryan Pagliano, who was granted some form of immunity by the Justice Department. The timeline on this seems confusing, but I'll summarize information I ...
2
votes
1answer
56 views

Private companies asking for Social Security Number?

I thought that the privacy act (HIPAA) forbade use of the Social Security Number, or even asking for it, except by banks and federal agencies. Nevertheless, I frequently get asked for my Social ...
7
votes
2answers
754 views

How can the President appoint Whitaker as Acting Attorney General?

Today the president asked for and received the Attorney General’s resignation. Then it was announced that the DOJ Chief of Staff, Matthew Whitaker would be the Acting AG and according to the Hill, ...
0
votes
2answers
72 views

Is the government liable for data destroyed during a forensic examination?

Lets say you just traveled outside your home country (USA). You keep your data on a secure USB (FIPS 140-2 level 3) that will self destruct after (x) number of failed attempts. The data you keep on ...
2
votes
1answer
77 views

US Federal Laws Pertaining to Banned Books

I've been having trouble with my search for federally banned books. Many searches show books which are banned in local libraries or by the state, but not nationally. The only book I could find that ...
4
votes
3answers
2k views

Can any crime be a federal crime in the US?

As an example, can the US Congress declare that jaywalking is a federal offense? Or would the jaywalker have to cross a state border in order for the crime to become prosecutable by federal ...
2
votes
0answers
47 views

Can a local police officer (or local DA) charge someone with breaking a federal law?

Can a local police officer (or local DA) charge someone with breaking a federal law or can they only charge suspects with violating state laws?