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103 votes

USPS Back Room - Trespassing?

Trespassing requires that you be on someone else's property without their permission. The supervisor has explicitly given you permission, so it's not possible for you to trespass. You are correct that ...
Nuclear Hoagie's user avatar
84 votes
Accepted

What is the legal distinction between Twitter banning Trump and Trump blocking individuals?

Trump was an officer of the government, and Twitter wasn't. The First Amendment forbids the government and its agents from viewpoint discrimination, but private companies are not bound by it and can ...
Nate Eldredge's user avatar
37 votes
Accepted

In the US, can the courts intervene if an extremely destructive (but constitutional) law is passed?

Generally, the legislature is not restricted to passing laws that are a good idea. This has been remarked on by the Supreme Court (in Justice Stevens's concurrence, emphasis added): But as I recall ...
Ryan M's user avatar
  • 10.3k
31 votes

Suppose I pay by money order, not debit card. If the mechant scams me, will the Post Office refund me?

No, the only purpose of a money order is that it's effectively a form of guaranteed cash that only one person can access. There are no additional protections offered by it. However, given that you are ...
Pyrotechnical's user avatar
29 votes

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

It's a bit of an oversimplification. You're correct that there is a federal law against murder, 18 USC 1111. However it applies only to a murder committed in the special maritime and territorial ...
Nate Eldredge's user avatar
25 votes
Accepted

Does the government control what time it is?

15 USC Subchapter IX gives the Secretary of Transportation powers to set rules about the 11 time zones, and those laws supersede state and local laws. Observance of Daylight Savings Time is optional ...
user6726's user avatar
  • 215k
25 votes
Accepted

Bright-line or Litmus Test for Sedition?

There are several treason and sedition crimes in federal law all of which are defined by statute. Treason Offenses Treason offenses pertain to acts in furtherance of a foreign country or sometimes ...
ohwilleke's user avatar
  • 221k
25 votes
Accepted

Could a federal law override a state constitution?

Could a federal law override a state constitution? Yes. If a federal law genuinely conflicts with a state constitution (i.e. it is not possible to follow both at the same time), then the federal law ...
ohwilleke's user avatar
  • 221k
23 votes
Accepted

Would it be legal for a US State to ban exports of a natural resource?

No A state may not do that. The US Constitution Art. I section 8 says: The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for ...
David Siegel's user avatar
23 votes
Accepted

What laws apply to Visa holders in the US?

All laws (federal, state and local) apply to everybody, unless you have diplomatic immunity. That is, unless e.g. the federal government decides as a matter of policy to ignore certain federal laws. ...
user6726's user avatar
  • 215k
23 votes
Accepted

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

This is a classification indicator to implement portion marking. See the NSA SIGINT style manual. Under "classification," it says to classify each paragraph. And under "parenthesis,&...
Jen's user avatar
  • 59.5k
23 votes
Accepted

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

The federal government could easily use the general welfare or interstate commerce clauses to justify vehicle registration and driver licensing.
Tiger Guy's user avatar
  • 7,139
22 votes

Where do executive agencies obtain their power to effectively legislate?

Legislation passed by Congress grants authority to the Executive to make regulations relevant to a particular topic. It's common for Congress to pass laws that contain language like "The ...
Zach Lipton's user avatar
21 votes
Accepted

Is the U.S. Code copyrighted by the Government?

US Laws are Free of Copyright Federal Works 17 USC 105 says: Copyright protection under this title is not available for any work of the United States Government, but the United States Government ...
David Siegel's user avatar
21 votes
Accepted

As a non-US person, what license may I have to use public materials from agencies of US government?

17 USC 105 provides that: (a) In General.—Copyright protection under this title is not available for any work of the United States Government, but the United States Government is not precluded from ...
David Siegel's user avatar
19 votes

What is the legal distinction between Twitter banning Trump and Trump blocking individuals?

An analogy. I own a meeting hall. I rent it out to the US Forest Service, who frequently has public hearings on matters of policy e.g. whether to open a sector for logging or recreation, seal up ...
Harper - Reinstate Monica's user avatar
18 votes

USPS Back Room - Trespassing?

if a postal police officer happened to be there one day, he'd [...] question the supervisor I'd say the post office people, and esp. the supervisor, are at much higher risk than you. If, by some ...
JimmyB's user avatar
  • 289
18 votes

As a non-US person, what license may I have to use public materials from agencies of US government?

As others have noted, works by the US Government are public domain within the USA. However that does not apply abroad: 3.1.7 Does the Government have copyright protection in U.S. Government works in ...
Paul Johnson's user avatar
  • 13.6k
18 votes

Suppose I pay by money order, not debit card. If the mechant scams me, will the Post Office refund me?

Suppose I pay by money order, not debit card. If the mechant scams me, will the Post Office refund me? No. The only difference between a money order and cash for all practical purposes is that a ...
ohwilleke's user avatar
  • 221k
15 votes

USPS Back Room - Trespassing?

If they tell you to leave and you do not it is trespassing, but all you have to do is say OK and leave if they ask you to go. Anyone complaining about that is immature.
Putvi's user avatar
  • 4,000
14 votes

Does the government control what time it is?

tl/dr: All states have to use US Standard Time. The US Gov't power of standards The US Gov't's power to keep time falls under Article 1 Section 8 Clause 5 of the US Constitution: To coin Money, ...
Andrew's user avatar
  • 2,020
14 votes

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

The US Constitution doesn't say one way or the other how a state's representatives are to be chosen, so until this law was passed in 1841, a state could have all of their representatives elected at-...
user6726's user avatar
  • 215k
14 votes

Operationalizing the definition of "dating relationship" in federal US domestic violence law

The court decides and there is precedent This type of definition is very common and the legislative intent is to give the court discretion to decide whether the particular relationship in the ...
Dale M's user avatar
  • 213k
14 votes

Could a federal law override a state constitution?

Yes. For example, after Denver and Boulder expanded their civil-rights laws to protect LGBT people from discrimination, Colorado voters approved a constitutional amendment that protected all citizens ...
bdb484's user avatar
  • 60.7k
14 votes

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 They're published in the United States Statutes at Large, and (for permanent provisions) are incorporated into the ...
littleadv's user avatar
  • 1,000
13 votes
Accepted

Title 53, why is it reserved?

So a little background will help. the United States Code has only been around since 1926 where before the law was a patchwork of acts. Over time congress has taken a bundle of acts and relegated them ...
A. K.'s user avatar
  • 2,300
13 votes

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

The Hyde Ammendment prevents any federal funds from being used to pay for abortions. You can be certain that providing clinic space to provide abortions would be quickly challenged in court as a ...
Charles E. Grant's user avatar
13 votes

Could the federal government mandate state universities to not discriminate against out-of-state students?

Such a law could probably be passed under the authority of the interstate commerce clause of the Constitution. Price controls on various products have previously been justified under that clause.
David Siegel's user avatar
13 votes

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

This Is Not An Accurate Statement Of U.S. Constitutional Law State governments have "plenary" (i.e. unlimited) power to enact any legislation authorized by the state's constitution which is ...
ohwilleke's user avatar
  • 221k
13 votes
Accepted

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

The Secret Service is primarily concerned with protecting the people and information they oversee, not enforcing laws. They have the power to arrest someone for any unlawful conduct, but unless a drug ...
abelenky's user avatar
  • 3,166

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