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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16
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4answers
4k views

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 ...
39
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3answers
8k views

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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1answer
74 views

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 ...
0
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1answer
47 views

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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0answers
52 views

Who owns the IP for NASA spacecraft?

Which IP rights would be in play for someone who would, for example, create and sell replica models of a space probe? Since these are complex systems, I tentatively suggest dividing them into four ...
3
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1answer
73 views

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 ...
10
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5answers
7k views

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?...
4
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4answers
170 views

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 ...
1
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1answer
89 views

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 ...
7
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1answer
790 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 ...
2
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1answer
83 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 ...
23
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1answer
2k views

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 ...
2
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2answers
281 views

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 ...
3
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1answer
81 views

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, ...
0
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1answer
86 views

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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0answers
22 views

US naturalization application processing delay — Writ of Mandamus; Action under Section 336(b) of the INA, 8 U.S.C. § 1447(b)

When applying for US citizenship, after taking the interview with the USCIS and being told that no further interviews will be required, according to the US law, the USCIS has up to 120 days to make a ...
1
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1answer
21 views

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 ...
1
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1answer
123 views

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 &...
1
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1answer
69 views

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 ...
2
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2answers
97 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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1answer
120 views

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 ...
1
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1answer
82 views

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 ...
3
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3answers
109 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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0answers
55 views

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 ...
4
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3answers
145 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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7answers
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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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2answers
130 views

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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1answer
46 views

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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1answer
40 views

Limitations on US DEA

A rather disreputable source, Buzzfeed News, says The DEA is limited by statute to enforcing drug-related federal crimes. But on Sunday, Timothy Shea, a former US attorney and close confidant ...
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0answers
32 views

May any former felons legally purchase modern firearms after expungement?

The state in question is Michigan, but I'm curious about the question in America generally. I'm aware about Michigan's requirements before petitioning for expungement. I'm not clear if either or ...
3
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1answer
95 views

What are the implications of the new executive order regarding social media?

As I understand it, Trump is planning to issue an executive order that claims some social media platforms are violating the Communication Decency Act Section 230 by not acting in good faith, and as a ...
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0answers
43 views

Is it legal in the USA to create sexualized pornography of underage teens if only breasts are displayed?

The federal definition of child pornography and what constituted sexually explicit depictions came up as part of a previous question of mine. Judging from that answer it appears that the definition ...
2
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2answers
126 views

Can Michigan's attorney general take legal action against Trump for not wearing a mask?

I read from a CNBC news article how Michigan’s attorney general said Trump has a “legal responsibility,” under state law, to wear a mask as a precaution when visiting factories. Trump refuses to wear ...
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2answers
78 views

Where is Arizona's [and other states] timezone defined?

Where is the timezone defined for Arizona? Is it in the Arizona constitution? Is it in Arizona Revised Statutes? Is it in the United States constitution? Is it in the United States Code? Where is ...
0
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1answer
48 views

What legal precedent exists for states blocking their governors extended stay at home orders?

Several states now have had their extended Sam home orders challenged by lower courts, before they were advanced to their state supreme courts. What constitutes this? I would assume that during any ...
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2answers
137 views

Does the ATF have jurisdiction to prohibit gun sales to marijuana users when the marijuana used is not subject to federal jurisdiction?

Does the ATF have jurisdiction to prohibit gun sales to marijuana users when the marijuana used is not subject to federal jurisdiction? https://www.law.cornell.edu/wex/commerce_clause If the ...
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1answer
42 views

Regarding US law 229 on toxic chemicals

By the definition set forth in Title 18, chapter 1B, Section 229, tobacco is a toxic chemical. How would one go about getting it classified as one? The definition states: (1) Chemical weapon.-The ...
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1answer
63 views

How are US departmental policies enforceable?

I don't understand: what's the point in all those numerous policies issued by departments for their staff if, as I understand it, they are not enforceable? There is no legal punishment for not ...
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3answers
2k views

What laws apply to Visa holders in the US?

I'm a French citizen currently staying in Los Angeles for studies under an F1 Visa. I was told that in the US, only federal law applies to foreigners which is why despite Pot being legalized in ...
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0answers
102 views

Is it legal to reverse-engineer free US government software?

The US government provides a number of closed-source software packages to the public for free. Some packages are explicitly listed as "public domain"; other packages list a specific agency as the ...
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2answers
70 views

If Emoluments violations are tied to the governmental institution, do they go away when the violator leaves the government?

My question on Politics.SE around the recent DC Appeals Court dismissal of emoluments charges against the president on procedural grounds brought on a discussion better suited to here: If an ...
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3answers
149 views

Is there US law that can compel Apple to create software?

It is my understanding that US law has jurisdiction or routinely compels corporations (BA, VZN) to: turn over customer data to law enforcement(VZN) how to build systems (in regulated products: BA ...
3
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1answer
437 views

What body is the US Department of Homeland Security (DHS) accountable to for aviation security functions?

The United States House Transportation Subcommittee includes: transportation safety (except automobile safety and transportation security functions of the Department of Homeland Security) Which ...
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2answers
90 views

Is the federal charge for illegal possession of a firearm considered a “violent” crime or a crime of violence?

Per 18 U.S. Code § 922 (D)(3) and (G)(3) it is illegal to sell or buy a firearm to/as someone who is "an unlawful user of or addicted to any controlled substance." This includes cannabis, even though ...
0
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1answer
173 views

Can an individual be forced to wear a shirt when driving on federal grounds?

I have a friend who regularly drives without a shirt on during summer since he refuses to turn on his AC if he can avoid it. He works on a military base, and as such has to pass a security point ...
2
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2answers
115 views

Can State/City bar US Federal LEO from certain locations?

The Official Website of the City of New York claims: Federal enforcement officers, which includes ICE, cannot enter hospitals, schools, or shelters. What exactly does this mean? E.g., suppose an ...
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1answer
90 views

Is the vice-president an employee for the purpose of 5 CFR §2635.502?

It's been suggested on politcs.SE (but the question was closed as off-topic there) that a US vice-president needs to comply with 5 CFR §2635.502 which sets stricter standards for conflicts of interest ...
4
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1answer
66 views

Is a corrupt Attorney General able to quash any and all Federal investgations?

(I'll try to ask this in as non-biased way as possible) If an Attorney General is part of a corrupt administration, would he or she be able to quash any and all Federal investigations related to that ...
0
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1answer
89 views

US regulations on launch-to-orbit provider refusing to launch a competitor's payload? Do common carrier concepts apply?

Here is an example scenario: Teslarati's SpaceX president teases Starship’s game-changing Starlink launch capabilities provides several links, including CNBC's article and discusses the difficulty of ...
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0answers
95 views

Does US federal law prohibit the possession of an uncontrolled prescription drug without a prescription, and if so, according to which provision?

What specific provision in US federal law, if any, prohibits the possession of an uncontrolled prescription drug without a prescription? I've had a lot of trouble finding the answer to this question, ...