Questions tagged [us-federal-government]

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

Filter by
Sorted by
Tagged with
44
votes
7answers
12k 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 ...
39
votes
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 ...
30
votes
7answers
9k views

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 ...
23
votes
1answer
3k 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 ...
16
votes
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 ...
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 ...
10
votes
6answers
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?...
10
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 ...
9
votes
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 ...
9
votes
1answer
4k 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: Title ...
8
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 ...
7
votes
3answers
815 views

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 ...
7
votes
1answer
807 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 ...
7
votes
2answers
849 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, ...
6
votes
2answers
362 views

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 ...
5
votes
2answers
2k views

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 ...
5
votes
2answers
2k views

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 ...
5
votes
3answers
151 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 ...
5
votes
1answer
95 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
votes
2answers
151 views

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 ...
4
votes
2answers
154 views

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 ...
4
votes
4answers
184 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 ...
4
votes
1answer
222 views

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 ...
4
votes
1answer
75 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 ...
4
votes
3answers
143 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 ...
3
votes
2answers
271 views

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/...
3
votes
1answer
438 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 ...
3
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 ...
3
votes
3answers
112 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 ...
3
votes
1answer
673 views

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 ...
3
votes
1answer
63 views

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 ...
3
votes
1answer
161 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 ...
3
votes
1answer
96 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, ...
3
votes
1answer
188 views

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 ...
3
votes
2answers
3k views

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 ...
3
votes
2answers
66 views

What happens if an individual exceeds the maximum to be donated to a presidential candidate?

For 2020, the maximum donation is $2800. What trouble will someone be in if they break that rule, either on accident or purposely?
3
votes
1answer
276 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 ...
3
votes
1answer
8k views

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 ...
3
votes
1answer
88 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 ...
3
votes
1answer
102 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 ...
3
votes
4answers
3k views

Is it illegal for the US government to compete with private industry?

I've heard several people say that it's illegal for the US government to compete with private industry. The specific context was about developing and providing software (desktop programs, mobile apps) ...
3
votes
1answer
165 views

Why does "Day 1" of the 20-day response time limit for FOIA requests begin the day AFTER agency receipt of a request?

Why does "Day 1" of the 20-day response time limit for FOIA requests begin the day AFTER [the proper component in an] agency receives a perfected request? I understand that under Rule 6 of the ...
3
votes
1answer
88 views

Are leases with the US National Forest Service public information?

The US National Forest service enters into leases with individuals that entitle the lease holder to use National Forest land for some explicitly outlined purpose. These leases are called special-use ...
2
votes
2answers
134 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 ...
2
votes
2answers
196 views

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 ...
2
votes
3answers
166 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
1answer
7k views

Could a president sue a person for defamation during their time in office?

In this hypothetical (unless it's happened in the past), a prominent citizen or news agency makes statements about the president, or his decisions or policies, that are knowingly inaccurate or false ...
2
votes
2answers
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 ...
2
votes
1answer
689 views

Overturning a presidential pardon and double jeopardy

President Trump pardoned Joe Arpaio of any other offenses under Chapter 21 of Title 18, United States Code that might arise, or be charged. This question asks about overruling a pardon and it seems ...
2
votes
2answers
117 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 ...