
The Postal Clause of the US Constitution, adopted in 1789, empowered Congress to establish post offices and post roads, and the Postal Service has since become a permanent fixture of the Federal Government. The Postal Power also includes the authority to carry, deliver, and regulate mail, designate certain materials as non-mailable, and criminalize abuses of the postal system. The US Postal Service is unique in its reach, serving nearly 167 million residences, businesses, and Post Office Boxes across the nation.
| Characteristics | Values |
|---|---|
| Postal Clause in the US Constitution | Empowers Congress to establish post offices and post roads |
| Postal Power | Includes the power to designate certain materials as non-mailable and to pass statutes criminalizing abuses of the postal system |
| Postal Service | Receives no tax dollars for operating expenses and relies on the sale of postage, products, and services to fund its operations |
| Supreme Court's role | Determines whether state laws may impinge upon persons or corporations whose services are used by Congress in executing its postal powers |
| State power over post offices | State laws that interfere with the speedy and uninterrupted carriage of mail are deemed unconstitutional |
| Postal employees | Subject to state laws, e.g., requiring a valid state driver's license to operate a mail truck |
| Postal monopoly | Defined by the term "letter," which refers to any message from the sender to the addressee, regardless of form |
| Historical context | Benjamin Franklin in 1775; Postal Clause adopted in 1787; Post Office Act of 1792 made the Postal Service a permanent fixture of the Federal Government |
Explore related products
$9.99 $9.99
What You'll Learn
- The Postal Clause empowers Congress to establish post offices and postal roads
- The Postal Power includes the power to designate certain materials as non-mailable
- The Supreme Court has ruled on the extent of state laws' interference with postal services
- Congress has the power to designate mail routes and construct post offices
- The Postal Service is the only delivery service that reaches every address in the US

The Postal Clause empowers Congress to establish post offices and postal roads
The Postal Clause, also known as the Postal Power, is a provision in the US Constitution that empowers Congress to establish post offices and postal roads. This clause was adopted in 1787 and was later enacted into law through the Post Office Act of 1792, which made the Postal Service a permanent part of the federal government.
The Postal Clause grants Congress the authority to designate mail routes, construct or designate post offices, and regulate the mail system in the United States. This includes the power to appropriate land for postal purposes and designate certain materials as non-mailable. The Postal Clause also empowers Congress to pass statutes criminalizing abuses of the postal system, such as mail fraud and armed robbery of post offices.
There have been disagreements and controversies regarding the scope of the Postal Clause. For instance, there was a debate on whether Congress had the power to build post roads and post offices or just designate them. Thomas Jefferson, for instance, considered road-building a state responsibility. The US Supreme Court initially interpreted the Postal Power narrowly, holding that it consisted mainly of designating roads and sites. However, over time, the Court broadened its interpretation, allowing Congress to appropriate land for postal purposes.
The Postal Clause has been important in restricting state power over post offices and ensuring the uninterrupted operation of the postal service. The Supreme Court has ruled on several cases where state laws interfered with Congress's postal powers, such as in Illinois Cent. R.R. v. Illinois, where an Illinois statute requiring a mail train to detour was deemed unconstitutional. The Court has generally approved regulations with a trivial relation to the postal service while disallowing those that impede its operation.
Challenging a Statute's Constitutionality: Your Rights and Options
You may want to see also

The Postal Power includes the power to designate certain materials as non-mailable
The Postal Clause grants Congress the power to regulate the mail system in the United States. This includes the power to designate certain materials as non-mailable, which has been used to exclude obscene materials and criminalize abuses of the postal system. Early disagreements regarding the boundaries of the Postal Power included whether Congress had the authority to build post roads and post offices, or simply designate them. Thomas Jefferson, for instance, believed that road building was a state responsibility.
The Postal Power has been used by Congress and the Postmaster General to exclude obscene materials from the mail, beginning with an act in 1872 to ban lottery circulars, as well as the Comstock laws in 1873. These attempts to limit the content of mail were upheld by the Supreme Court, which took an assertive approach in the 20th century to strike down postal laws that limited free expression, particularly political materials. The Postal Power also allows for the passing of statutes criminalizing abuses of the postal system, such as mail fraud and armed robbery of post offices.
The Supreme Court has played a significant role in interpreting the extent of state laws' interference with Congress's postal powers. The Court has generally approved regulations that have a trivial or remote relation to the postal service's operations, while disallowing those that significantly impede them. For example, in Illinois Cent. R.R. v. Illinois (1896), the Court ruled against a state statute requiring an interstate mail train to detour by seven miles to stop at a designated station, deeming it an unconstitutional interference with Congress's postal power.
The Postal Power's scope has evolved over time, with early interpretations focusing on the designation of roads and sites for mail transportation. Over time, Congress gained the authority to appropriate land for postal purposes, such as in the Kohl v. United States decision in 1876. The power to designate non-mailable materials has been used to exclude hazardous and illegal items from the mail system, such as fireworks, live ammunition, and corrosive substances.
In summary, the Postal Power includes the authority to designate certain materials as non-mailable, allowing Congress and the Postmaster General to exclude obscene and hazardous materials from the mail system. This power has been subject to interpretation and debate, with the Supreme Court playing a crucial role in defining the boundaries of the Postal Power and its interaction with state laws.
Historical Influences on the Constitution's Drafting
You may want to see also

The Supreme Court has ruled on the extent of state laws' interference with postal services
The Postal Clause gives Congress the power to establish post offices and postal roads. However, the Supreme Court has also recognized implied powers in this Clause, such as protecting the mail. The Court has ruled on the extent of state laws' interference with postal services, determining whether particular measures are consistent with the general policies indicated by Congress.
The Supreme Court has approved regulations that have a trivial or remote relation to the operation of the postal service, while disallowing those that constitute a serious impediment. For example, in Pensacola Tel. Co. v. Western Union Tel. Co. (1878), the Court held that a state statute granting one company the exclusive right to operate a telegraph business in the state was incompatible with federal law, which granted any telegraph company the right to construct its lines upon post roads. The Court interpreted the federal statute to prohibit state monopolies in a field that Congress was entitled to regulate, exercising its combined power over commerce and post roads.
In another case, Illinois Cent. R.R. v. Illinois (1896), the Court held that an Illinois statute requiring an interstate mail train to make a seven-mile detour to stop at a designated station was an unconstitutional interference with Congress's postal power. The Court characterized the statute as unnecessarily interfering with the speedy and uninterrupted carriage of the mails of the United States, contrasting it with a reasonable police regulation of the state. However, the Court upheld a Minnesota statute requiring any intrastate train to stop briefly at county seats directly on its course, finding it to be a reasonable exercise of police power and not an unconstitutional interference with the transportation of mail.
In United States v. Kirby (1869), the Court addressed the temporary detention of mail caused by the arrest of a postal carrier on a murder indictment. The Court held that while Congress may punish the obstruction or retardation of mail or its carrier, this does not apply when the detention is due to the arrest of the carrier. Additionally, in Johnson v. Maryland (1920), the Court clarified that states cannot punish a person for operating a mail truck on highways without a valid state driver's license.
The Supreme Court has also addressed Congressional attempts to use its postal powers in other areas of the law. For instance, in Lamont v. Postmaster General, the Court struck down a section of the Postal Service Salary Act of 1962, which required the Postmaster General to detain and deliver unsealed foreign mail containing communist propaganda only upon the addressee's request. The Court deemed this Act unconstitutional as it imposed limitations on the addressee's First Amendment rights to receive information.
Washington's Legacy: Shaping the US Constitution
You may want to see also
Explore related products

Congress has the power to designate mail routes and construct post offices
The Postal Clause of the US Constitution, adopted in 1789, empowers Congress to establish post offices and post roads. This power has been interpreted to include the authority to carry, deliver, and regulate mail across the country.
There were early disagreements about the scope of Congress's power over the postal system. Some, like Thomas Jefferson, believed that road-building was a state responsibility and that the postal service could become a source of patronage and financial waste. The US Supreme Court initially took a narrow view of Congress's powers during the early 19th century, holding that it primarily consisted of designating roads and sites for postal purposes. However, over time, the Court allowed for the appropriation of land for post offices and postal routes.
The Postal Power also includes the ability to designate certain materials as non-mailable and to criminalize abuses of the postal system, such as mail fraud and armed robbery. Congress and the Postmaster General have used this power to exclude obscene materials from the mail, starting with a ban on lottery circulars in 1872 and the enactment of the Comstock laws in 1873.
The Supreme Court has played a significant role in defining the boundaries of state power over post offices and upholding Congress's postal powers. For example, the Court struck down an Illinois statute that required an interstate mail train to detour by seven miles to stop at a designated station, ruling that it unconstitutionally interfered with the uninterrupted carriage of mail. In another case, the Court allowed a Minnesota statute requiring any intrastate train to make brief stops at county seats, finding it did not impede mail transportation. These cases illustrate the Court's role in balancing state laws and federal postal powers.
The Magna Carta's Constitutional Principles
You may want to see also

The Postal Service is the only delivery service that reaches every address in the US
The United States Postal Service is the only delivery service that reaches every address in the nation. This amounts to nearly 167 million residences, businesses, and post office boxes. The Postal Service is a self-funded entity, relying on the sale of postage, products, and services to fund its operations.
The history of the Postal Service can be traced back to 1775, when it was established by the Second Continental Congress with Benjamin Franklin at the helm. In 1787, the Postal Clause of the U.S. Constitution empowered Congress to establish post offices and post roads, and in 1792, Congress passed the Post Office Act, cementing the Postal Service as a permanent fixture of the Federal Government.
The Postal Clause grants Congress the power to designate mail routes, construct or designate post offices, and carry, deliver, and regulate mail across the United States. This power has been interpreted and constrained by the Supreme Court, particularly in relation to state laws and the operation of the postal service. For example, the Court has approved regulations with a trivial or remote relation to the postal service while disallowing those that seriously impede its operations.
The Postal Power also includes the authority to designate certain materials as non-mailable and to pass statutes criminalizing abuses of the postal system, such as mail fraud and armed robbery of post offices. This power has been used to exclude obscene materials from the mail, such as lottery circulars and obscene content under the Comstock laws.
The Postal Service plays a crucial role in guaranteeing safe and secure communication between the government and the American people. Its reach and self-funded nature make it a unique and vital part of the nation's infrastructure.
Power Distribution: The Constitution's 3 Key Principles
You may want to see also
Frequently asked questions
Yes. The Postal Clause of the US Constitution empowers Congress to establish post offices and post roads.
The Postal Clause grants Congress the power to designate mail routes and construct or designate post offices, with the implied authority to carry, deliver, and regulate the mail of the United States.
In Illinois Cent. R.R. v. Illinois (1896), the Supreme Court held that an Illinois statute requiring an interstate mail train to detour seven miles to stop at a designated station was an unconstitutional interference with Congress's postal power.
In United States v. Kirby (1869), the Supreme Court held that a state may arrest a postal employee charged with murder while engaged in official duties. This does not conflict with Congress's postal powers, as the obstruction of mail or its carrier does not apply to the temporary detention of mail caused by the arrest of the carrier.

























