Postal Clause
Encyclopedia
Article I
, Section 8, Clause 7 of the United States Constitution
, known as the Postal Clause or the Postal Power, empowers Congress
"To establish Post Offices
and post Roads
".
, opined that the postal service should not be burdened with the responsibility for handling newspaper
delivery, and also suggested that the Post Office be placed under the supervision of the executive branch
(a suggestion which later led to the creation of the Post Office Department
). Thomas Jefferson
feared that the postal service would become a source of patronage
and a waste of money. (This fear turned out to be somewhat prophetic, as the office of the Postmaster General
came to take charge of patronage.) Jefferson also expressed doubt at granting Congress the power to designate post roads, as he considered road building to be a state
responsibility.
routes and construct or designate post offices, with the implied authority
to carry, deliver, and regulate the mails of the United States as a whole. An early controversy was whether Congress had the power to actually build post roads and post offices, or merely designate which lands and roads were to be used for this purpose, and to what extent that power could be delegated to the Postmaster General. The U.S. Supreme Court
construed the power narrowly during the early part of the 19th century, holding that the power consisted mostly of designation of roads and sites, but gradually gave way later on, allowing appropriation of land for postal purposes.
The Postal Power also includes the power to designate certain materials as nonmailable, and to pass statute
s criminalizing abuses of the postal system (such as mail fraud and armed robbery
of post offices). This power has been used by Congress and the Postmaster General to exclude obscene
materials from the mails, beginning with an act in 1872 to ban lottery
circulars from the mails, as well as the Comstock laws in 1873. These attempts at limiting the content of the mails were upheld by the Supreme Court, but in the 20th century, the Court took a more assertive approach in striking down postal laws which limited free expression
, particularly as it related to political materials. The First Amendment
thus provided a check on the Postal Power.
Article One of the United States Constitution
Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or...
, Section 8, Clause 7 of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, known as the Postal Clause or the Postal Power, empowers Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
"To establish Post Offices
Post office
A post office is a facility forming part of a postal system for the posting, receipt, sorting, handling, transmission or delivery of mail.Post offices offer mail-related services such as post office boxes, postage and packaging supplies...
and post Roads
Post road
For other uses, see Post Road .A post road is a road designated for the transportation of postal mail. In past centuries only major towns had a post house, and the roads used by post riders or mail coaches to carry mail among them were particularly important ones or, due to the special attention...
".
History
The Postal Clause was added to the Constitution primarily to facilitate interstate communication, as well to create a source of revenue for the early United States. There were some early disagreements as to the boundaries of the Postal Power. John Jay, in a letter to George WashingtonGeorge Washington
George Washington was the dominant military and political leader of the new United States of America from 1775 to 1799. He led the American victory over Great Britain in the American Revolutionary War as commander-in-chief of the Continental Army from 1775 to 1783, and presided over the writing of...
, opined that the postal service should not be burdened with the responsibility for handling newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
delivery, and also suggested that the Post Office be placed under the supervision of the executive branch
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
(a suggestion which later led to the creation of the Post Office Department
United States Post Office Department
The Post Office Department was the name of the United States Postal Service when it was a Cabinet department. It was headed by the Postmaster General....
). Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
feared that the postal service would become a source of patronage
Patronage
Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows to another. In the history of art, arts patronage refers to the support that kings or popes have provided to musicians, painters, and sculptors...
and a waste of money. (This fear turned out to be somewhat prophetic, as the office of the Postmaster General
United States Postmaster General
The United States Postmaster General is the Chief Executive Officer of the United States Postal Service. The office, in one form or another, is older than both the United States Constitution and the United States Declaration of Independence...
came to take charge of patronage.) Jefferson also expressed doubt at granting Congress the power to designate post roads, as he considered road building to be a state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
responsibility.
Interpretation
The Clause has been construed to give Congress the enumerated power to designate mailMail
Mail, or post, is a system for transporting letters and other tangible objects: written documents, typically enclosed in envelopes, and also small packages are delivered to destinations around the world. Anything sent through the postal system is called mail or post.In principle, a postal service...
routes and construct or designate post offices, with the implied authority
Implied powers
Implied powers, in the United States, are those powers authorized by a legal document which, while not stated, seem to be implied by powers expressly stated...
to carry, deliver, and regulate the mails of the United States as a whole. An early controversy was whether Congress had the power to actually build post roads and post offices, or merely designate which lands and roads were to be used for this purpose, and to what extent that power could be delegated to the Postmaster General. The U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
construed the power narrowly during the early part of the 19th century, holding that the power consisted mostly of designation of roads and sites, but gradually gave way later on, allowing appropriation of land for postal purposes.
The Postal Power also includes the power to designate certain materials as nonmailable, and to pass statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s criminalizing abuses of the postal system (such as mail fraud and armed robbery
Robbery
Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....
of post offices). This power has been used by Congress and the Postmaster General to exclude obscene
Obscenity
An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious...
materials from the mails, beginning with an act in 1872 to ban lottery
Lottery
A lottery is a form of gambling which involves the drawing of lots for a prize.Lottery is outlawed by some governments, while others endorse it to the extent of organizing a national or state lottery. It is common to find some degree of regulation of lottery by governments...
circulars from the mails, as well as the Comstock laws in 1873. These attempts at limiting the content of the mails were upheld by the Supreme Court, but in the 20th century, the Court took a more assertive approach in striking down postal laws which limited free expression
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
, particularly as it related to political materials. The First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
thus provided a check on the Postal Power.
External links
- Resources on the Postal Clause, from The Founder's Constitution project at the University of ChicagoUniversity of ChicagoThe University of Chicago is a private research university in Chicago, Illinois, USA. It was founded by the American Baptist Education Society with a donation from oil magnate and philanthropist John D. Rockefeller and incorporated in 1890...