32
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 ...
- 2,174
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 ...
- 29k
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 ...
- 196k
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,&...
- 44.1k
21
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 ...
- 606
19
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 ...
- 196k
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 ...
- 57.2k
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 ...
- 196k
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 ...
- 2,636
10
votes
Where do executive agencies obtain their power to effectively legislate?
This derives from art. II of the constitution
The executive Power shall be vested in a President of the United
States of America
...
he shall take Care that the Laws be faithfully executed
Congress ...
- 211k
10
votes
Are there federal murder offenses that do not involve interstate activity in the United States?
Many of the federal laws against murder involve the murder of a federal official, such as the President or a postal worker. In those cases, the murder is both a state offense and a federal offense.
...
- 196k
9
votes
Where do executive agencies obtain their power to effectively legislate?
Many statutes, especially in technical areas like environmental law, FCC regulations, and SEC regulations, expressly delegate to agencies the authority to adopt regulations. This is a delegated quasi-...
- 196k
9
votes
Can members of the media be held legally responsible for leaking documents they never agreed to keep secret?
It depends on the nature of the documents. This law specifies that it is illegal to disclose or publish etc. classified information
concerning the nature, preparation, or use of any code, cipher, or
...
- 211k
9
votes
Accepted
Can the federal government directly modify state law?
Can the federal government directly modify state law?
No.
The U.S. Supreme Court has limited the authority of Congress to directly regulate the operations of state governments. This is called the ...
- 196k
8
votes
Could a federal law override a state constitution?
Yes, federal laws take precedence over state constitutional provisions. That is, any provision of a state constitution that conflicts with federal law is unenforceable. This is explicitly stated in ...
- 2,931
7
votes
Can the Secret Service arrest someone who uses an illegal drug inside of the White House?
See 18 U.S.C. § 3056(c)(1)(C) — Powers, authorities, and duties of United States Secret Service:
(1) Under the direction of the Secretary of Homeland Security, officers and agents of the Secret ...
6
votes
Can the Secret Service arrest someone who uses an illegal drug inside of the White House?
The Secret Service Uniformed Division has powers “similar to those of the members of the Metropolitan Police of the District of Columbia” and routinely makes arrests for both violations of nationwide ...
- 23.6k
6
votes
Can members of the media be held legally responsible for leaking documents they never agreed to keep secret?
While there are narrow exceptions, the general rule is that a member of the media who receives leaked material that the media member did not solicit is free of legal liability.
On June 30, 1971, the ...
- 196k
5
votes
Suppose I pay by money order, not debit card. If the mechant scams me, will the Post Office refund me?
I think what I'm asking is, would they be more willing to
prosecute for fraud
There are two categories of fraud: criminal fraud and civil fraud. Which category your situation falls into will depend ...
- 1,314
5
votes
Accepted
Does an official US Government website (e.g. house.gov) prominently posting information known to be false for several weeks violate any US laws?
Does an official US Government website (e.g. house.gov) prominently
posting important government information that's known to be false for
several weeks violate any US laws?
No.
Certainly not in the ...
- 196k
4
votes
Procedural Rules v Federal Law?
The interpretation of state rules of civil procedure is a matter purely for state courts.
Whether a state procedural rule (or even substantive approaches to jurisdiction) violates federal law, ...
- 44.1k
4
votes
Could a state enforce a law that establishes a definition of "biological sex"?
There are several dozen federal case precedents addressing the rights of transgender individuals under existing federal laws.
The cases most squarely on point and binding on the U.S. District Court ...
- 196k
4
votes
Security clearance of police officers
There is nothing to forgive.
The question presupposes that it is a crime to lay eyes on classified information. Crimes related to classified information generally have an element of intent. For ...
- 35.1k
3
votes
A state line passing through an incorporated municipality?
are there other such cases in Canada, and if so, why?
Lloydminster is partly in Alberta and partly in Saskatchewan.
It is where people settled prior to the establishment of the provincial boundary at ...
- 44.1k
3
votes
Accepted
On the legality of booby traps in a far future united states
canada
It would be prima facie setting a trap or causing bodily harm with a trap
The act of deploying Material X would be the offence of setting a trap likely to cause bodily harm. If Material X is ...
- 44.1k
3
votes
Are Technological Standards bodies required to be approved by the government?
Standards-setting by industry groups is not inherently anti-competitive and these groups do not require a licence from the government to operate. They are a prototypical example of "private ...
- 44.1k
3
votes
Accepted
Could they subpoena Mike Pence to testify whether he knew that Trump had taken classified documents out of the White House?
Yes... whether the judge will grant the subpoena is another matter and one that it is to premature to speculate on. With what I have seen of the indictment, Pence was not named as a witness in the ...
- 22.8k
3
votes
Suppose I pay by money order, not debit card. If the mechant scams me, will the Post Office refund me?
Most payment means are just that: a way to give money to someone else, and the company/organization/network/system allowing it does not care why you make the payment (other than for Fincen-type ...
- 820
2
votes
Is this trespassing on US government property?
Yes, you are trespassing
Someone with the ostensible authority of the owner (the security guard) has revoked your permission to be on the property. If you remain in spite of this, you are trespassing.
...
- 198k
2
votes
APA vs. tort comparison
There isn't much to compare.
The Administrative Procedures Act creates a variety of statutory rights and remedies, primarily in connection with the issuance of regulations and to a lesser extent with ...
- 196k
Only top scored, non community-wiki answers of a minimum length are eligible