Simone Lawson
The United States Postal Service is the only delivery service that reaches every address in the nation. The Postal Clause in Article I, Section 8 of the US Constitution gives Congress the power to establish post offices and post roads, as well as the authority to carry, deliver, and regulate mail. The Postal Reorganization Act of 1970 transformed the federal postal service from a cabinet-level department to an independent agency, allowing postal workers to engage in collective bargaining and granting the agency the authority to set postal rates and salaries. The Postal Clause has been a source of controversy, with early disagreements regarding the boundaries of postal power and more recent debates over privatization.
| Characteristics | Values |
|---|---|
| Postal service privatization | Considered by Trump in 2024 |
| Postal Clause | Gave Congress the power to establish post offices and post roads |
| Postal Reorganization Act | Passed in 1970, repositioning the postal system as an independent establishment of the executive branch |
| Postal Act of 1792 | Officially created the Post Office |
| Postal Power | Includes the power to designate certain materials as non-mailable and to pass statutes criminalizing abuses of the postal system |
| Postal Service | Reaches every address in the nation, including nearly 167 million residences, businesses, and Post Office Boxes |
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What You'll Learn
The Postal Clause
> " [The Congress shall have Power...] To establish Post Offices and post Roads; [...]"
The Postal Reorganization Act of 1970 significantly changed the federal postal service by creating an independent agency, the United States Postal System (USPS), to manage the postal system. This act also gave the new agency the authority to set postal rates and salaries for letter carriers.
Despite the broad powers granted to Congress by the Postal Clause, the Supreme Court has also placed limits on its interpretation. In United States Postal Service v. Council of Greenburgh Civic Associations, the Court upheld a federal law prohibiting the placement of unstamped "mailable matter" in mailboxes, but it also affirmed that Congress may not exceed its postal powers to enforce requirements outside its scope.
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Congress's powers
The United States Postal Service has its roots in the US Constitution, which grants Congress the power to establish post offices and post roads. This power is derived from Article I, Section 8, Clause 7 of the Constitution, also known as the Postal Clause, which states that "The Congress shall have Power... To establish Post Offices and post Roads".
The Postal Clause gives Congress the authority to control land for "post roads" to carry mail and construct the buildings needed to maintain a mail delivery system. This includes the power 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. The Postal Clause also grants Congress the implied authority to carry, deliver, and regulate the mail of the United States as a whole.
The establishment of the postal system by Congress was influenced by their experiences with the British postal system. Terms like posts, post roads, postmaster, and post offices were adopted from the British system. The British also imported their postal system to Colonial America in 1692 when they appointed a postmaster for the colonies.
While the Postal Clause grants Congress broad powers over the postal system, it is not mandatory for Congress to operate a postal system. However, if they choose to do so, they must stay within constitutional limits. For example, in 1935, Congress passed the Public Utility Holding Act, which included language prohibiting unregistered companies from using the mail system and interstate commerce. The Supreme Court viewed this as exceeding Congress's postal powers and enforcing a requirement outside its scope.
Congress's power over the postal system has been the subject of early disagreements and controversies, with some arguing that Congress should not have the burden of handling newspaper delivery or building post roads. Despite these disagreements, the Supreme Court affirmed Congress's "broad power" to act in matters concerning posts more than a century ago. This power has been reaffirmed in recent years, with the Supreme Court stating that Congress has the responsibility for the postal system in times of crisis.
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The postal system's history
The history of the postal system in the United States has a long and fascinating history, with its roots reaching back to the country's early days. Here is an overview of the postal system's evolution:
The Early Days: Influence from Britain
The United States' postal system was influenced by the British postal system, adopting terms like "posts," "post roads," "postmaster," and "post offices." The British imported their postal system to Colonial America in 1692 when they appointed a postmaster for the colonies.
The Second Continental Congress and Benjamin Franklin
The Second Continental Congress, which included Benjamin Franklin, laid the groundwork for an independent national postal system. Franklin, appointed as the United States Postmaster General in 1775, played a significant role in its development.
The Articles of Confederation and the Postal Clause
The Articles of Confederation, which preceded the Constitution, included a clause granting the government the "'sole and exclusive right and power' to establish and regulate post offices across the states." This clause, known as the Postal Clause, was further refined during the Constitutional Convention in 1787.
The Postal Act of 1792
In 1792, Congress and President George Washington officially established the Post Office with the Postal Act of 1792. This act granted broader powers to the postmaster general and protected mail privacy by making it illegal for postal officials to open mail unless undeliverable.
The 19th Century: Supreme Court Decisions and Transportation Networks
During the 19th century, there were debates over the federal government's authority to acquire land and buildings for post offices. These debates were settled by Supreme Court decisions, affirming the government's power under the doctrine of "eminent domain." Additionally, the establishment of "post roads" facilitated the development of early transportation networks, including canals, railroads, and eventually, airlines.
The Postal Reorganization Act of 1970
One of the most significant modern changes to the postal system occurred in 1970 with the Postal Reorganization Act. This act transformed the postal service from being part of the President's Cabinet to an independent agency, granting letter carriers and postal workers the right to collective bargaining. It also clarified the role of mail services in American life and gave the new agency the authority to set postal rates and salaries.
The evolution of the postal system in the United States has been shaped by various influences, from early British models to the establishment of independent governance. It has played a vital role in the country's development, connecting citizens and fostering national unity.
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The Postal Reorganization Act of 1970
The Act was signed into law by President Richard Nixon on August 12, 1970, following a postal strike earlier that year. This new agency was given the authority to set postal rates and salaries for letter carriers, and it clarified the role and purpose of mail services in American life. The Postal Reorganization Act also had a significant impact on labour relations within the postal service. It granted letter carriers and other postal workers the right to engage in collective bargaining, allowing them to negotiate on wages, benefits, and working conditions. This marked a shift from postal workers being a political resource to becoming a liability, as their growing labour activism transformed their relationship with Congress and postal labour.
The creation of the USPS built upon the historical foundation laid out in the Constitution. Article I, Section 8, Clause 7 of the United States Constitution granted Congress the exclusive power to establish the postal system. The Articles of Confederation, which preceded the Constitution, included a clause for establishing a federal post office, recognizing the importance of facilitating intercourse between the states. The Postal Reorganization Act of 1970 thus continued the evolution of the postal service, ensuring its adaptability and responsiveness to the needs of the nation.
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Postal privatization
The United States Constitution, in Article I, Section 8, Clause 7, grants Congress the power to establish a postal system and regulate it. The postal service, as an independent agency, has the authority to set postal rates and salaries for letter carriers. The Postal Reorganization Act of 1970 was a significant change, repositioning the postal system as an independent entity.
Despite the constitutional mandate, there have been discussions and attempts at postal privatization. In 2024, former President Trump confirmed considering postal service privatization, stating that it was an idea many people had liked for a long time. This sentiment was echoed by the major postal unions, who acknowledged that both big business parties had laid the groundwork for privatization, with the Postal Reorganization Act of 1970 being a critical step in that direction.
The unions also highlighted the "Delivering for America" restructuring program, launched during the Biden administration, as another enabler of privatization. This program aimed to reduce costs, cut routes, and consolidate post offices and distribution centers, preparing the USPS for a potential sell-off.
On the international front, Japan provides an example of a country that has undergone postal privatization. In 2007, the Japanese government initiated a smooth transition plan for the privatization of Japan Post, which included the temporary halt of postal services and the shutdown of ATMs for postal banking services. The privatization culminated in the formation of three new companies under Japan Post Holdings, with further plans to sell government-owned shares through an IPO. However, this faced opposition, and the process was delayed due to an illegal insurance sales scandal involving Japan Post Holdings in 2019.
The UK also privatized its postal service, with shares in Royal Mail being floated on the London Stock Exchange in 2013 following the Postal Services Act of 2011.
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Frequently asked questions
Yes, Article I, Section 8 of the United States Constitution gives Congress the power to establish post offices and post roads.
The Articles of Confederation, which preceded the Constitution, included a clause for establishing a federal post office. The founding fathers took several years to implement this, and the Postal Act of 1792 officially created the Post Office.
The Postal Clause grants Congress the power to designate mail routes, construct or designate post offices, carry, deliver, and regulate mail, and pass statutes criminalizing abuses of the postal system.
Yes, the Postal Reorganization Act of 1970 changed the federal postal service from being part of a President's Cabinet to an independent agency. This gave postal workers the right to collective bargaining and the authority to set postal rates and salaries.
