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 ...
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83 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 ...
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37 votes
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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 ...
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  • 9,536
27 votes
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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 ...
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  • 157k
26 votes
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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 ...
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  • 130k
24 votes
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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 ...
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  • 89.4k
23 votes
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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. ...
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  • 157k
21 votes
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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 ...
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  • 89.4k
20 votes
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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 ...
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  • 89.4k
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 ...
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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 ...
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  • 289
17 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 ...
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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.
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  • 3,840
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, ...
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  • 1,994
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-...
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  • 157k
13 votes
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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 ...
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  • 2,266
12 votes
Accepted

List of state and federal authorities having regulatory control over microbreweries

You're forgetting city and county health codes, business permits, zoning regulations, fire and occupation regulations, business and property insurance, labor laws, etc. These can differ between the ...
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  • 17.5k
11 votes

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

I am not convinced that all of the examples are indeed valid laws. There are also conceivable grounds to invalidate a law (at least as applied to particular circumstances) beyond the law being ...
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  • 130k
11 votes

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

The main reason for this asymmetry is, as the other answers say, that Twitter is a private company and Trump was a government official. It is a little more subtle, in that Twitter is not a regulated ...
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  • 157k
10 votes

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

The Department of Homeland Security is a cabinet-level arm of the Executive Branch. The Sec'y of Homeland Security directly "runs" that branch, and serves at the pleasure of the President of the ...
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  • 157k
10 votes

Does the government control what time it is?

This is addressing the last paragraph: could the federal government decide on "eternal October" to avoid a presidential election? The date of the election itself is set by statute. However the ...
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9 votes
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Can a sitting U.S. president be imprisoned without impeachment?

Yes. In 1872 President Grant was stopped for speeding (on horseback, mind you). The officer, observing that he had stopped the President of the United States, initially let him go with nothing but a ...
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  • 1,524
9 votes

Does the government control what time it is?

Yes, the government determines what time it is. Examples of it happening in the past: The UK "lost" 11 days when it switched from the Julian calendar to the Gregorian calendar in 1752 Samoa "lost" 1 ...
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  • 1,887
8 votes
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Can any crime be a federal crime in the US?

Legally, no, Congress can't pass laws just because it feels like it. Article I, Section 8 of the Constitution contains a set of powers Congress has.* Other sections give Congress additional powers. ...
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  • 20.6k
8 votes

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

I agree with David Siegel's answer but I think its always important in the law to consider what it would take to get what you want. I will say it is possible but not as an export prohibition per se ...
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  • 2,266
8 votes
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What law grants life tenure to federal judges in the US?

Your interpretation is correct. The constitution says that judges stay in office "until and unless they are impeached." That means that congress cannot impose a time limit on any judge's term of ...
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  • 24.6k
8 votes

What laws apply to Visa holders in the US?

only federal law applies to foreigners This is not correct. For example, there is no federal law criminalizing murder generally. (There are federal laws criminalizing murder in certain specific ...
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  • 24.6k
8 votes

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

The courts can't intervene, period. If someone files a suit or an appeal related to a law, then the courts might have jurisdiction and do something, but somebody else has to get the ball rolling. That ...
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  • 157k
7 votes
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Naive approach to aggregating all US Federal Laws?

The main impediment is identifying exactly what "a law" is. When people talk (casually) about "the law", that can refer to statutes enacted by Congress, regulations set forth by administrative ...
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  • 157k
7 votes

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

They can, and do; there's just one wrinkle: They get the assent of the Federal government. Take the Great Lakes Compact (please, says Nestle and Coke). It's a deal amongst the Great Lakes border ...
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