Eleanor Finch
The Postal Clause, outlined in Article I, Section 8 of the US Constitution, grants Congress the power to establish post offices and postal roads. The Postal Clause's roots can be traced back to the Articles of Confederation, which preceded the Constitution and stated that the government had the sole and exclusive right and power to establish and regulate post offices across the United States. The Postal Clause has been a subject of debate, with early disagreements focusing on the boundaries of postal power and the interpretation of the word establish. The Supreme Court has also recognized implied powers in the Postal Clause, such as protecting the mail and excluding certain items from being mailed. The Postal Reorganization Act of 1970 transformed the postal system into an independent establishment of the executive branch, with the United States Postal Service (USPS) becoming an integral part of daily life in America.
| Characteristics | Values |
|---|---|
| Postal Clause | Gives Congress the power to establish post offices and postal roads |
| Postal Clause | Includes the power to designate certain materials as non-mailable |
| Postal Clause | Includes the power to pass statutes criminalizing abuses of the postal system |
| Postal Clause | Includes implied powers, such as protecting the mail |
| Postal Reorganization Act | Passed in 1970, creating an independent agency to manage the newly formed United States Postal System |
| Postal Act of 1792 | Passed by Congress and President George Washington to officially create the Post Office |
| Postal Clause | Does not give Congress expansive postal powers |
| Postal Clause | Powers include the ability to exclude certain items from being mailed through the USPS |
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What You'll Learn
The Postal Clause
> " [The Congress shall have Power...] To establish Post Offices and post Roads".
There were early disagreements regarding the boundaries of the Postal Power. For instance, John Jay suggested in a letter to George Washington that the Post Office be placed under the supervision of the executive branch, while Thomas Jefferson expressed doubt about granting Congress the power to designate post roads, believing it to be a state responsibility.
The Supreme Court has also recognized implied powers in the Postal Clause, such as protecting the mail. Over the years, the Court has helped shape the understanding of the Postal Clause, including confirming Congress's duty to transport mail and its power to exclude certain items from being mailed through the USPS, such as obscene materials and lottery circulars.
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Congress's powers
The Postal Clause, or Article I, Section 8, Clause 7 of the United States Constitution, grants Congress the power to establish post offices and postal roads. This clause is rooted in the Articles of Confederation, which preceded the Constitution and stated that the government had the "sole and exclusive right and power" to establish and regulate post offices across the United States.
The Framers' understanding of postal services was influenced by the British postal system, from which they adopted terms like "posts", "post roads", "postmaster", and "post offices". The British established a postal system in Colonial America in 1692, when they appointed a postmaster for the colonies.
There were early disagreements about the boundaries of the Postal Power. For example, John Jay suggested to George Washington that the postal service should not handle newspaper delivery and that the Post Office should be supervised by the executive branch. Thomas Jefferson expressed doubts about granting Congress the power to designate post roads, believing that road building was a state responsibility. He also questioned whether "establish" meant the power to construct new postal facilities and roads or only to designate existing buildings and routes for postal use.
The Postal Clause has been interpreted to give Congress the power to designate mail routes, construct or designate post offices, and carry, deliver, and regulate the mail of the United States. This includes the power to control the land for postal roads and the buildings needed to maintain a mail delivery system. The Supreme Court has also recognized implied powers in the Postal Clause, such as protecting the mail.
Congress has used its powers under the Postal Clause to pass various acts, including the Postal Act of 1792, which made the Postal Service a permanent fixture of the Federal Government, and the Postal Reorganization Act of 1970, which created an independent agency to manage the United States Postal System.
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The Postmaster General
The Postal Act of 1792, passed by Congress and President George Washington, officially created the Post Office and granted the Postmaster General broader powers. This act also protected privacy by criminalising the unauthorised opening of mail. During the 1800s, there was a debate over the federal government's authority to acquire land and buildings for post offices, which was settled by the Supreme Court, clarifying the powers of the Postmaster General.
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The Postal Reorganization Act of 1970
The Postal Clause of the United States Constitution gives Congress the power to establish post offices and postal roads. The Postal Reorganization Act of 1970 was a law passed by the United States Congress that abolished the then US Post Office Department, which was part of the Cabinet. It created the US Postal Service, a corporation-like independent agency authorized by the US government as an official service for the delivery of mail in the United States. The act created an independent agency to manage the newly formed United States Postal System.
The Postal Reorganization Act (PRA) of 1970 transformed the Post Office Department into the United States Postal Service (USPS). The act initiated a decade of infrastructure reorganization. The political controls that had appeared stable gave way and were replaced with market logic. The act also exempted the USPS from Freedom of Information Act (FOIA) disclosure of "information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service".
The United States Postal Service is a fundamental service provided to the people by the US government, authorized by the Constitution and created by an Act of Congress. It has the basic function of providing postal services to bind the nation together through personal, educational, literary, and business correspondence. It provides prompt, reliable, and efficient services to patrons in all areas and renders postal services to all communities. The costs of establishing and maintaining the Postal Service shall not be apportioned to impair the overall value of such a service to the people.
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The Postal Act of 1792
The Postal Clause of the United States Constitution gives Congress the power to establish post offices and postal roads. This is outlined in Article I, Section 8, Clause 7 of the Constitution, which states: "The Congress shall have the Power... To Establish Post Offices and post Roads."
The Post Office Act of 1792 addressed several key issues related to the postal system, including rate structure, privacy, and procedures for establishing new postal routes. One of its important provisions was the admission of newspapers into the mail at extremely low rates, facilitating the spread of information essential for an informed citizenry. This was in recognition of the crucial role of news in a democratic society. The Act also established the principle that new post routes would be designated by Congress, rather than the executive branch, ensuring that financial considerations would not constrain the network's expansion.
The Act also addressed concerns about censorship and surveillance. It forbade the opening of letters as a tool of surveillance, protecting the privacy of citizens' correspondence. This was in response to colonial experiences with censorship by the Crown, where mail was inspected to suppress political opponents and gather intelligence on citizens. The Postal Act of 1792 thus played a crucial role in shaping the American postal system, ensuring the free flow of information and safeguarding the privacy of citizens' communications.
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Frequently asked questions
The Postal Clause, or Article I, Section 8, Clause 7 of the US Constitution, gives Congress the power to establish post offices and postal roads.
The Postal Clause has its roots in the Articles of Confederation, which preceded the Constitution. The Articles of Confederation of 1781 stated that the government had the "sole and exclusive right and power" to establish and regulate post offices from one state to another. During the 1787 Constitutional Convention in Philadelphia, the Committee of Detail crafted language that gave the federal legislature the right to create post offices and "post-roads".
The Supreme Court has recognized implied powers in the Postal Clause, such as protecting the mail and excluding certain items from being mailed through the USPS. The Postal Clause has also been construed to give Congress the power to designate mail routes and construct or designate post offices.
