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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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9 votes
6 answers
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?...
1 vote
1 answer
94 views

The Effect of the Repeal of law that grants rights to a party has on a successor party assigned to carry out the duties described in the repealed law

Does the repeal of a statute granting a party authority to enforce a contract eliminate a successor-in-interest party’s ability to enforce the contract? 12 USC 1441a granted the Resolution Trust ...
12 votes
4 answers
2k views

Once a congressional bill has become law, how is it noticed by and overseen within the executive branch?

Bills, once they become laws, seem to be archived and internally published somehow. I wonder how the executive branch picks up on and implements them when/after this happens. Someone, somewhere in the ...
11 votes
2 answers
2k views

Could the US Federal Government open abortion clinics inside Federal buildings in states where abortion is illegal?

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 ...
3 votes
0 answers
114 views

Are federal employees bound to report fraud and cyber crime they've been made aware of?

To what degree are federal employees of the executive branch (such as members of the FBI, CISA, NSA, and CIA) bound by law or otherwise to report illegal activities pertaining to tech crimes, fraud (...
2 votes
1 answer
92 views

Texas' refusal to cooperate w/ Homeland Security based on DHS being "fixated" on a recent ("misled") Supreme Court order; supported by law/precedent?

CBS News' January 26, 2024 Texas attorney general refuses to grant federal agents full access to border park: "Your request is hereby denied" links to Texas Attorney General Ken Paxton's ...
-2 votes
1 answer
75 views

Is the passage of an unconstitutional law "lawless action" for the purpose of First Amendment protection?

Speech intended to incite imminent lawless action is not protected by the First Amendment. Is the passage of an unconstitutional law "lawless action" for this purpose? Suppose someone who is ...
5 votes
2 answers
342 views

Are the federal government or its contractors subject to local building or zoning codes?

Say there is going to be a federal facility, operated by the federal government or by a contractor of the federal government, in a town. Something like a prison, or a place where ICE plans to imprison ...
9 votes
3 answers
2k views

Could the federal government begin registering vehicles and issuing driver licenses, overriding state law?

Currently, vehicle registration and driver licensing are handled primarily by states in the US. However, aircraft registration and pilot certification is handled by the federal government. Could the ...
3 votes
0 answers
103 views

Can You Invest in Marijuana Companies Legally?

I read this article today: Floundering Weed Stocks Test Wall Street’s Faith in 2024 Rebound It said "stocks underlying the industry are floundering, with even the bulls growing tired of waiting. ...
6 votes
1 answer
102 views

Is the Civil Air Patrol part of the United States Government?

I know it's an Air Force Auxiliary, but does that also mean it's part of the United States Air Force or government? Here, they're a "public service organization" And they also have a 501c3 ...
1 vote
1 answer
100 views

Can a goverment body rent space for a public forum from a group that they believe will ban those they legally can't?

Someone who is a member of the government cannot restrict access to a public forum, due to the First amendment. However, a private company are allowed to do so, and often communications that would ...
11 votes
4 answers
5k views

Could a federal law override a state constitution?

Suppose a state Constitution explicitly states that residents of the state have a specific right (obviously this comes from the abortion debate, but I’m not necessarily focusing on that particular ...
3 votes
2 answers
362 views

Can the federal government directly modify state law?

A recent comment inspired me to wonder whether the US federal government has the power to directly modify state law. State legislatures will often pass bills of the form "Section so-and-so of the ...
3 votes
1 answer
332 views

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 ...
11 votes
1 answer
2k views

What does the "(U)" prefixed to each paragraph denote in reports by the US Senate Select Committees?

To illustrate, here's a screenshot from page 52 of the "Postwar findings about Iraq’s WMD programs and links to terrorism and how they compare with prewar assessment", with the text ...
0 votes
1 answer
94 views

Can an american tax payer sue a researcher that knowingly conducted fraudulent research with taxpayer funded grants?

There has been an uptick in cases of academic fraud being reported in the mainstream media. With websites like retraction watch tracking the general field of things. Popular commentators such as Pete ...
1 vote
1 answer
704 views

Are there federal murder offenses that do not involve interstate activity in the United States?

When one commits the crime of murder in a single state of the United States, does he also violate a federal law against murder, or does it only become a federal crime if the murderer crosses state ...
-3 votes
1 answer
92 views

Does an official US Government website (e.g. house.gov) prominently posting information known to be false for several weeks violate any US laws?

At about 00:55 in CNN's McCarthy still listed as speaker on House website. Correspondent has theory why in response to the US Government website house.gov still listing Kevin McCarthy as Speaker of ...
2 votes
2 answers
150 views

A state line passing through an incorporated municipality?

I recently learned that a boundary between two Canadian provinces, Saskatchewan and Manitoba, passes through the town of Flin Flon. At first I thought that could not happen in the U.S.A. because there ...
1 vote
1 answer
4k views

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?
4 votes
2 answers
167 views

How is a "passed" bill translated into a federal code in the US?

After a bill is through the legislative process what occurs for it to be translated from the form it is in when it is debated in Congress to when it is "implemented" or written and published ...
5 votes
4 answers
6k 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) ...
-2 votes
1 answer
294 views

On the legality of booby traps in a far future united states [closed]

So there are a few famous cases in the united states wherein booby traps were ruled to be illegal, as they're indiscriminate in their application. Let's say we have material X. Material X is special, ...
3 votes
1 answer
58 views

Are Technological Standards bodies required to be approved by the government?

In the interest of cross vendor compatibility, the method by which different technologies interoperate is often standardized. This means that a non binding agreement is made between multiple parties ...
0 votes
1 answer
66 views

How similar do trademarks have to be to be infringement? [duplicate]

I received a marketing email from Lenovo with the slogan "Different is better." This seems quite similar to Apple's "Think different," to the point that had I seen the slogan out ...
10 votes
3 answers
4k views

Can the Secret Service arrest someone who uses an illegal drug inside of the White House?

In light of the recent discovery of cocaine inside the West Wing of the White House, I am wondering if a person who either lives in, or works in, or makes a visit to the White House, is caught using ...
0 votes
0 answers
46 views

What laws define resident and employee rights and protections on federal land, esp. administered by the National Park Service?

How do you look up which laws apply to people who live, work, operate businesses, etc., on a particular parcel of U.S. federal land, especially on land administered by the National Park Service? How ...
4 votes
2 answers
238 views

Security clearance of police officers

My question is inspired by this one, but it’s not the same. It is my understanding that the federal law-enforcement officers who seized the boxes of documents held by “45” expected to find some papers ...
-1 votes
1 answer
108 views

Could they subpoena Mike Pence to testify whether he knew that Trump had taken classified documents out of the White House?

In regards to the trial that will take place in the future regarding the issue of former U.S. President Donald Trump mishandling classified documents, I was just wondering if former Vice President ...
12 votes
3 answers
4k views

"Murder laws are governed by the states, [not the federal government]." Is Vivek Ramaswamy right?

United States presidential candidate Vivek Ramaswamy stated he doesn't support a federal ban on abortion, a practice which he understands to be murder, because the U.S. federal government doesn't ...
5 votes
1 answer
367 views

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 ...
18 votes
3 answers
4k views

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 ...
0 votes
1 answer
91 views

Procedural Rules v Federal Law?

This question is inspired by @ohwilleke response to my previous question. In his response, ohwilleke highlighted the following point: Isn't the the Appellate Division in NJ required to uphold the ...
-2 votes
2 answers
260 views

Could a state enforce a law that establishes a definition of "biological sex"?

There appears to be no federal law establishing a definition of "biological sex", according to an earlier Law SE question: Is there a definition of "biological sex" in U.S. law? ...
1 vote
1 answer
82 views

FTCA and US Abortion

Planned Parenthood's major point against abortion bans has been the mother's health. Specifically, where pregnancy could risk an early-pregnancy death of both the kid and the mother. If a mother was ...
0 votes
1 answer
48 views

APA vs. tort comparison

Any suggestions on where to find a detailed side-by-side comparison of the Administrative Procedures Act use versus the use of tort law for federal agency cases? Thanks for suggestions. Searching on ...
15 votes
3 answers
2k views

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 ...
6 votes
6 answers
5k views

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,...
1 vote
1 answer
80 views

Does the ADA require society to refer individuals suffering from addiction to mental healthcare?

I had a question cross my mind, and I asked Google to help me out. "Hey Google, is addiction legally a disability?" The answer met my ears in seconds: "Addiction is generally considered ...
4 votes
1 answer
487 views

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, ...
6 votes
1 answer
316 views

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 ...
2 votes
2 answers
154 views

Is the USA government exempt from falling foul of the provisions at 18USC960 by funding Ukraine?

Further to this question and this answer, 18 USC 960 states: Whoever, within the United States, knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or ...
1 vote
1 answer
96 views

Are non-contact visitations at max-security federal prisons sometimes supervised? (US)

Not sure if this answer as posed in the title is sufficiently about law to be on-topic. If so, my question defers to the more legal alternative: Is it legal for a federal prison to supervise the non-...
2 votes
1 answer
648 views

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?
2 votes
1 answer
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 ...
1 vote
0 answers
59 views

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 ...
5 votes
2 answers
696 views

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 ...
1 vote
1 answer
120 views

College Student Loan Forgiveness Law

Does the Biden $10,000 forgiveness plan for students require Congressional approval? Why or why not? Do certain laws have Congress exemption? Student Loan Forgiveness
0 votes
3 answers
700 views

I paid off my student loans myself. If Biden announces Federal Student Loan forgiveness, am I owed money?

"Biden to Announce Decision on Student Loan Debt, Affecting Millions of Borrowers." I owed $40,000 in student loans, and paid them off by working two and three jobs at a time for many years. ...