Questions tagged [us-federal-government]

For questions regarding the United States federal government. For questions about US federal law, use [united-states] instead.

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Can the enactment of the 25th Amendment delay a U.S. President from launching nuclear missiles?

I am wondering that if a U.S. President is intent on launching nuclear missiles against a foreign enemy of the United States, and he/she has verbally informed the Vice President and his/her Cabinet ...
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2 answers
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Can the Federal Government dismiss any state Legislative Assembly in the USA?

Does the constitution of USA allow the President to dismiss Governors' of States who rebel against the Union? Does the constitution of USA allow the President to dissolve the Assemblies of States ...
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2 votes
1 answer
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How long can the National Forest put off responding to my request?

I own an inholding within Inyo National Forest. I requested to gain motorized access to my property but was denied citing that it was reasonable to walk in or take mules. About a year ago, I emailed ...
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-1 votes
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Legality of police bringing firearms into federal post office

Is it legal for all police officers in the United States to carry firearms into post offices, which fall within the jurisdiction of the federal government, when called by post office employees?
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Can a civil disability be applied without a trial?

In an article promoted in this tweet a blue-check attorney makes a claim that some Congressmen can be disqualified from holding public office because of A14.3. He claims that a criminal conviction is ...
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1 vote
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Why was coronavirus travel ban implemented by a presidential proclamation rather than an executive order?

On March 11, 2020, President Trump issued a proclamation that suspended entry to the United States from most of Europe. After a series of amendments by both administrations, also in the form of ...
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-5 votes
3 answers
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Who has more power over the Police? [closed]

RESUME When ranking the "power"(see footnote 1) over a community, the ordinary citizen will have the least power while the local police in the respectful community (street, city etc.) will ...
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2 answers
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Significance of the organized/unorganized attribution of US territories

Reading articles re US territories, two terms are given significant (e.g are in the heading chapter AND sidebar header of relevant Wikipedia article) reference: Incorporated/Unincorporated and ...
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7 votes
3 answers
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List of state and federal authorities having regulatory control over microbreweries

Upstate New York (USA) here. I have been homebrewing beer for many years and I am interested in opening up my own microbrewery/brewpub. Before I consult an attorney and CPA I want to do some of my own ...
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In a civil case against the US gov't, complaint was not contested by defendant; can the judge reject a request of the plaintiff without a hearing?

There is a (valid) civil lawsuit which was filed against the US government, its agencies and officers at a district federal court. The plaintiff did not ask for a jury. The US government (through the ...
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US federal court: The correct timeline of filing a request for entry of default

In a US federal court, assuming that the defendant, namely a US government official, failed to respond to a civil complaint within the 60-day period following the service of the compliant — When ...
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Filing a motion/request with US federal court when one or more of the defendants were replaced since the original complaint

A complaint was filed with a US federal court. If there is a need for the plaintiff to file a motion or request (e.g. a request for entry of default) related to the original complaint, the motion or ...
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Does the jurisdiction of a LEO end at an easement?

I'm curious about this video (TYRANT ALERT PHOTOG ATTACKED BY FEDERAL AGENTS - MICHAEL HODSON U.S. CUSTOMS AND BORDER PATROL) of a federal LEO (law enforcement officer) who is egregiously assaulting/...
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Analyzing the complaint and answer in federal civil case

I'm interested in understanding how lawyers and judges analyze the pleadings provided in the answer to a civil complaint. Therefore, I'll choose an interesting case I'm not involved in and provide a ...
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2 votes
2 answers
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Can a USA federal employee use a prostitute in a Las Vegas where it is legal?

We got into an interesting debate at work today after someone joked that a prostitute would be cheaper than dating someone. The crutch of the debate was whether Federal employees or military could ...
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4 votes
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What, if any, exemptions exist to 28 U.S. Code § 516?

28 U.S. Code § 516 states: Except as otherwise authorized by law, the conduct of litigation in which the United States, an agency, or officer thereof is a party, or is interested, and securing ...
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Serving summons on a defendant who is a U.S. Federal Government official: original or copy?

A civil lawsuit against federal government officials is served by certified mail. This is in accordance with Fed. R. Civ. P. 4 (i): (i) Serving the United States and Its Agencies, Corporations, ...
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What happens when a federal government Defendant who is sued in his official capacity is being replaced shortly after the civil complaint was filed?

A civil lawsuit is filed against several federal government officials. The officials are specified in the complaint by their names as defendants, however they are sued in their official capacity. What ...
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In a Civil Cover Sheet, what would be the right "Nature of Suit" Code for lawsuit due to Fed Gov't's failure to adjudicate Naturalization Application?

In a civil lawsuit, the cover sheet that accompanies the complaint usually requires to select the "Nature of Suit". The US Courts website provides a document called "Nature of Suit ...
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In a Civil Case Complaint, does "Demand $" in Civil Cover Sheet (JS44) also apply to refund of legal fees through EAJA (Equal Access to Justice Act)

In a Civil Case Complaint against the US Federal Government, it is possible for the plaintiff in certain circumstances to get a refund of his attorney fees and other expenses. As explained on a ...
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In which United States District Court should a permanent resident file a lawsuit against the USCIS?

A US permanent resident has recently moved to western VA. VA has two United States District Courts: Western and Eastern. The permanent resident would like to file a lawsuit against the USCIS. One of ...
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How Many Days After the Comment Period Could You Expect a Proposed Rule to become a Fully-Implemented Final Rule?

When a Proposed Rule is issued by a United States government agency, and the rule is in the Comment Period, how long does it take for the Final Rule to be implemented after the Comment Period has ...
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4 votes
2 answers
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Does accused always plead not guilty in federal court?

I've recently been following the case of boxer Felix Verdejo, who pleaded not guilty yesterday in killing of Keishla Rodríguez. Cádiz Martínez, a second person indicted in the killing, also pleaded ...
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2 votes
1 answer
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Can a federal agency refuse to accept a document because it doesn't have a wet signature?

As an example, the instructions for Form 83(b) state that: Once you have completed the form, please sign it and mail a copy to your IRS Service Center and to your employer. Also, be sure to retain a ...
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As a non-US person, what license may I have to use public materials from agencies of US government?

I want to reuse a gif published in this website of this US government agency. I don't see any copyright statement anywhere, except a link to Freedom of Information Act. In my vague understanding of ...
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39 votes
3 answers
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What is the legal distinction between Twitter banning Trump and Trump blocking individuals?

For reference, this recent NPR article contains all of the information that inspired this question. The lawsuits referenced in the above article center on then-President Trump blocking individual ...
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1 answer
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Is barter of firearms illegal per se?

I want to know if it is presumably/presumptively/normally illegal to barter using firearms. Is it illegal to barter one firearm for another firearm? Can services or goods other than firearms be ...
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Public procurement laws or regulations similar to HIPAA or PCI?

United States here, and potentially also involving two states, New York and Vermont. If a business is a vendor that sells goods to the federal government (as a GSA awarded contractor) and also sells ...
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3 votes
1 answer
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How soon after relocating is it possible to file a lawsuit in a federal district court?

In the US, if I relocate from one judicial district to another judicial district in another state — how soon after relocating is it possible to file a lawsuit in a federal district court? (I plan to ...
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10 votes
6 answers
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In the US, can the courts intervene if an extremely destructive (but constitutional) law is passed?

If the US Congress were to pass an extremely destructive (but constitutional) law that the president then signed, what would the result be and would there be any recourse from the courts or the states?...
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4 votes
4 answers
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What would happen if a US state government refused to abide by a decision of its own supreme court?

Assume some legal question is brought up for a ruling by a US state supreme court. Further assume the question is on an issue which both the US constitution and US federal law takes no stance on; it ...
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1 vote
1 answer
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Camera to monitor mailbox

A community has a row of mailboxes, as opposed to a mailbox at each address. This is common in the rural USA. Since the covid-19 pandemic, people occasionally drive by and steal the mail. Several ...
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7 votes
1 answer
817 views

HR1 would force states to have independent districting. How does the federal gov't have authority to require this?

Section 2401-2422 of the H.R. 1 - For the People Act of 2021 would require states to set up independent districting commissions in order to prevent gerrymandering. This seems pretty clearly to ...
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4 votes
3 answers
155 views

What is the effect of the repeal of a law amending a former law?

1 U.S. Code § 108 provides "Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided." However, many ...
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23 votes
1 answer
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Bright-line or Litmus Test for Sedition?

The media is crediting Donald Trump, Giuliani and Trump's son with inciting the protesters to march from the Ellipse to and breach the Capitol building on 6 January 2021, interrupting the electoral ...
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2 votes
2 answers
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Felony murder in the U.S. Capitol [duplicate]

Reports say that someone died during the protest/occupation at the Capital building. Given that, is it reasonable that some of the persons who stormed the building could be successfully prosecuted ...
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3 votes
1 answer
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If the US federal government is sued for not abiding by it own laws, can it then be sued for the legal expenses due to the lawsuit?

In US citizenship applications it's common for an application to be processed beyond the time frame set by the federal law. In such cases, the applicant may file a lawsuit with a federal court, ...
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If the US federal government has sovereign immunity, why can it be sued in federal courts?

Specifically, in US citizenship cases it's common for applicants to request a federal court to issue and enforce a writ of mandamus in order to compel the federal government to process an application ...
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1 answer
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how common are federal misdemeanor charges?

According to https://www.nbclosangeles.com/news/local/hollywood-man-arrested-on-federal-charge-after-his-drone-crashed-with-an-lapd-helicopter/2466525/ a man was recently arrested on a federal ...
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1 vote
1 answer
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Is it legal to give fictional characters titles of real-world government officials?

Is it legal to refer to fictional characters in a video game with titles of real-world government officials, e.g., a Congressman, the President, etc.? I've seen lots of movies where they refer to &...
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1 vote
1 answer
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Is it legal to depict public government buildings in a video game?

At my business, some people are deliberating about adding public government buildings to a level in our game. There are concerns about whether this is legal. I thought for sure I played games in the ...
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2 votes
2 answers
100 views

Which members of the American government are required by law or tradition to live in a specific location beyond the President?

Foreward: This question is about the American government, but an argument could be made that it doesn't concern law, strictly speaking. If it doesn't belong here, please let me know where it could ...
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-1 votes
1 answer
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Is a notorized "Agreement" between buyer and seller binding?

Bought a vehicle from a dealer couple of months ago only to have my insurance refusing to insure it due to fraudulent odometer reading. I ran my own history report and sure enough, it was rolled back ...
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1 answer
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Can governors deploy state police vs federal police?

(Non US national here) Can the governors of states that disagree with the deployment of federal troops deploy some kind of state force to stop these? Does state police loyalty lie with the governor or ...
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3 votes
3 answers
114 views

What legal authorities provide for DHS to police cities?

I heard about 40 U.S. Code § 1315 on a podcast. It allows HHS officers to safeguard federal property and gives them arrest power under explicit conditions - (c) arrest people they witness committing ...
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Can the Federal Protective Service make arrests without identification or in unmarked cars?

This week, a protestor who was part of the George Floyd protests in Portland, Oregon was arrested by federal agents who were without identification, and who put him into an unmarked van. Customs and ...
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5 votes
3 answers
164 views

Why is it ok to submit false statements to a judge, according to 18 USC 1001(b)?

18 USC 1001(a) makes false statements to the federal government a felony. However, 18 USC 1001(b) says: Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for ...
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30 votes
7 answers
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Does the government control what time it is?

Does the government control what time it is? Recently, I read that the west coast states are considering dropping Daylight Savings Time. Apparently, the process is first for the states to agree, and ...
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1 vote
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What happens if nobody "stands in defense" of a lawsuit against the US government as administrations change?

This answer to the Politics SE question What happens to lawsuits against US presidential administrations when the administration changes due to an election? has been well received and so I've accepted ...
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does false statement statute really reach this far?

The Federal statute against false statements at 18 U.S.C. 1001 seems to ban almost any lie that gets reported to the executive or judicial branch (the legislative branch is treated more narrowly). ...
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