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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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 ...
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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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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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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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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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Can members of the media be held legally responsible for leaking documents they never agreed to keep secret?
Larry the Leaker is high up in the US government, and has access to highly classified information/documents. He goes to John the Journalist, and tells him to publish all of it. Obviously, Larry has ...
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Where do executive agencies obtain their power to effectively legislate?
Large portions of the Code of Federal Regulations are enacted by executive agencies such as the Federal Communications Commission and the Federal Aviation Administration, rather than by Congress. The ...
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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 ...
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Operationalizing the definition of "dating relationship" in federal US domestic violence law
I read in the New York Times that the US Congress is trying to fix the "Boyfriend loophole" in gun purchase restriction laws after domestic violence convictions. They note that individuals ...
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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 ...
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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:
Title ...
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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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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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Could the US Federal Government open abortion clinics inside Federal buildings?
As an example, USCIS has dozens of offices around the US, including many states where abortion is expected to be banned soon. Could the US Federal Government dedicate a part of every USCIS building to ...
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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 ...
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Suppose I pay by money order, not debit card. If the mechant scams me, will the Post Office refund me?
I've had some trouble with merchants sending wrong parts or even ignoring orders in the past. Obviously banks won't fight them tooth and nail for a refund.
But if I pay a little more for a money order,...
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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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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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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, ...
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In what cases is a U.S. Federal Executive Official named in a lawsuit in their official capacity as a defendant and when is the US itself named?
I was curious under what situations the United States is named as the defendant in a lawsuit as opposed to when a U.S. Federal Executive Official (or agency) is named (in their official capacity) as ...
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Why does the Ninth Circuit court include so many states?
It appears odd that the ninth circuit contains not just so many states, which by itself would not be unique, but so many states with addition of California. Circuit courts for NY, FL, TX from what I ...
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Can the US Government assert copyright on a government work internationally?
From what I understand, large swaths of US Government works are considered "public domain", but this unrestricted status applies only within the United States,
For this question I am assuming the ...
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If someone was charged with 15 counts but was only indicted on 2, can the prosecutor introduce evidence at sentencing of charges that we not indicted?
I just have a question about information being presented that a defendant was not indicted on. If someone was charged with 15 counts of a crime but was only indicted on 2 counts, can the prosecutor ...
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Could the federal government mandate state universities to not discriminate against out-of-state students?
I can't see any way to do so through the constitution, but I am consistently surprised by the kinds of laws that the federal government can make, so I'm obviously not well-versed in the possibilities.
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What is the legal penalty for "contempt of Congress"?
In reading a recent article that suggested Steve Bannon might be found in "contempt of congress", I realized that there's no information on what the penalty for that might be, unlike the statutorily ...
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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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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 ...
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Is this trespassing on US government property?
I live on a residential access road off of USDA property. Multiple times a week for the last 5 years, I have taken a walk down my road and on to the USDA property, walking on the main roads around the ...
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Can a sitting U.S. president be imprisoned without impeachment?
A sitting U.S. president can not be indicted for federal crimes as a matter of constitutional separation of powers and DOJ policy, among other reasons.
The president's constitutional protections and ...
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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 ...
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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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Why can't Robert Mueller give the report to congress?
With the recent vote to hold William Barr in contempt of congress, I have one main question. Why can't Robert Mueller just give the report to congress? It's obvious that I don't understand the full ...
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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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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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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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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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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 ...
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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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Naive approach to aggregating all US Federal Laws?
I'm a software developer and I've recently found myself curious about the US Federal Laws. There's a seemingly unsolved question of "How Many Federal Laws Are There?" (https://blogs.loc.gov/law/2013/...
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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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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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What law grants life tenure to federal judges in the US?
In the United States, what law grants life tenure to federal judges? The Good Behaviour Clause of the Constitution says:
The Judges, both of the supreme and inferior Courts, shall hold their
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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 ...
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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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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 ...
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Who are the "inferior officers" of the federal government?
A part of Article II, Section 2, Clause 2 of the Constitution of the United States says this:
He [the President] ... shall nominate, and by and with the Advice and Consent of the Senate, shall ...
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What is the law on NICS checks when purchasing firearms?
In the US it is common practice for sellers of firearms to follow the following process:
Ask buyer to fill out ATF form 4473
Call NICS to verify that the DOJ/FBI is not aware of any prohibitions ...
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Is it not illegal to take minors across state lines without parental permission?
In the context of Roe v Wade discussion of the abortion issue, it's been suggested that even if the decision were to be reversed, it would have little effect. The argument goes along the lines that ...
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When a U.S. Attorney files charges, does this mean it is automatically filed on behalf of the DoJ?
Background
Piggy backing off the question about two United State political bodies conducting an investigation, someone made a comment that the a U.S. attorney is always part of the DoJ. I understand ...
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Can expert witnesses testify beyond the scope of their deposition testimony?
Under the Federal Rules of Evidence (FRE), can expert witnesses talk about something that was not included in their deposition transcript but is related to the case at hand?
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