Jonah Patel
The United States Postal Service (USPS) is an integral part of daily life in America, relied upon for the delivery of mail, including parcels and packages. The USPS also provides postal money orders, which many individuals use for banking purposes. The USPS was established by Congress under the U.S. Constitution, which gave Congress the power to establish the postal system. The postal clause has been interpreted by the Supreme Court as implying powers to protect the mail and exclude certain items from being mailed.
| Characteristics | Values |
|---|---|
| USPS replaced | U.S. Post Office Department |
| USPS protected by | Postal Reorganization Act of 1970 |
| USPS protected by | Postal Clause |
| USPS protected by | Private Express Statutes |
| USPS protected by | Ex-Parte Jackson |
| USPS protected by | Comstock Act |
| USPS protected by | Supreme Court |
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What You'll Learn
- The Postal Clause gives Congress the power to establish post offices and postal roads
- The Postal Reorganization Act of 1970 created an independent agency to manage the USPS
- The Founding Fathers viewed the mail system as vital to the political cohesion of the nation
- The postal monopoly over the carriage of letter-mail is protected by Congress
- The Supreme Court has found many powers of Congress are implied by the Postal Clause
The Postal Clause gives Congress the power to establish post offices and postal roads
The Postal Clause, or Article I, Section 8, Clause 7 of the United States Constitution, gives Congress the power to establish post offices and postal roads. This clause has been interpreted by the Supreme Court as giving Congress implied powers, such as protecting the mail and excluding certain items from being mailed through the USPS.
The Postal Clause was first enacted into law on February 20, 1792, when Congress passed its first major postal law under the U.S. Constitution. This law prohibited the private transmission of any letter or packet "on any established post-road" and established a postal monopoly for the carriage of letter-mail. The Founding Fathers viewed the mail system as vital to the political cohesion of the nation.
The Postal Reorganization Act of 1970 created an independent agency to manage the newly formed United States Postal System, which replaced the U.S. Post Office Department, a cabinet-level department of the executive branch. The USPS is an integral part of daily life in America, relied upon for the delivery of mail, including parcels and packages, and for banking services such as obtaining postal money orders.
While some argue that the Postal Clause does not give Congress expansive postal powers, the Supreme Court has identified many powers of Congress that are implied by the clause. These powers include the ability to protect the mail and exclude certain items from being mailed, such as obscene or indecent materials, as well as items related to contraception or abortion.
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The Postal Reorganization Act of 1970 created an independent agency to manage the USPS
The Postal Clause has been interpreted by the Supreme Court to grant Congress expansive postal powers. For example, in Ex-Parte Jackson, the Court examined Congress' power to exclude certain items from being mailed through the USPS, such as obscene or indecent materials, and items related to contraception or abortion.
The Founding Fathers viewed the mail system as vital to the political cohesion of the nation, and as such, Congress has protected the postal monopoly over the carriage of letter-mail. This protection is enshrined in the Private Express Statutes, which prohibit the establishment of any private express for the conveyance of letters or packets, with penalties including fines and imprisonment.
The USPS is an integral part of daily life in America, relied upon for the delivery of mail, including parcels and packages, as well as for banking services such as obtaining postal money orders.
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The Founding Fathers viewed the mail system as vital to the political cohesion of the nation
Article I, Section 8, Clause 7 of the United States Constitution gave Congress exclusive power to establish the postal system. The Postal Clause gives Congress the power to establish post offices and postal roads, and the Supreme Court has recognised implied powers in this Clause, such as protecting the mail. For example, the Supreme Court has found that Congress has the power to exclude certain items from being mailed through the USPS, such as obscene, lewd, or lascivious books, pamphlets, pictures, papers, or other publications of indecent character.
Congress has also protected the postal monopoly over the carriage of letter-mail, retaining the Private Express Statutes in their entirety. This includes Section 1696, which states that:
> Whoever establishes any private express for the conveyance of letters or packets, or in any manner causes or provides for the conveyance of the same by regular trips or at stated periods over any post route which is or may be established by law ... shall be fined ... or imprisoned ... or both.
On February 20, 1792, Congress enacted its first major postal law under the U.S. Constitution. The act prohibited the private transmission of any letter or packet "on any established post-road," as well as the establishment of any post by foot, horse, vessel, boat, or "any conveyance whatever, whereby the revenue of the general post-office may be injured."
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The postal monopoly over the carriage of letter-mail is protected by Congress
Article I, Section 8, Clause 7 of the United States Constitution gave Congress exclusive power to establish the postal system. The Supreme Court has recognised implied powers in this Clause, such as protecting the mail. For example, in Ex-Parte Jackson, the Court examined Congress' power to exclude certain items from being mailed through the USPS.
The Postal Reorganization Act of 1970 created an independent agency to manage the newly formed United States Postal System. The USPS is an integral part of daily life in America, relied upon for the delivery of mail, including parcels and packages.
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The Supreme Court has found many powers of Congress are implied by the Postal Clause
Article I, Section 8, Clause 7 of the United States Constitution gave Congress exclusive power to establish the postal system. The Supreme Court has recognised implied powers in this clause, such as protecting the mail. Over the past 235 years, the Supreme Court has found many powers of Congress are implied by the Postal Clause. For example, in Ex-Parte Jackson, the Court examined Congress' power to exclude certain items from being mailed through the USPS. At issue was the Comstock Act, passed in 1873, which prohibited certain types of mail from going through the USPS, including obscene, lewd, or lascivious books, pamphlets, pictures, papers, or other publications of indecent character. Using the USPS to mail these prohibited items was a misdemeanour.
The Founding Fathers viewed the mail system as vital to the political cohesion of the nation. To protect the Postal Service's public service mandate, Congress protected the postal monopoly over the carriage of letter-mail, retaining the Private Express Statutes in their entirety. The Postal Reorganization Act of 1970 created an independent agency to manage the newly formed United States Postal System. The USPS is an integral part of daily life in America, relied upon for the delivery of mail, including parcels and packages. Many individuals also use the services of USPS for banking purposes, such as obtaining domestic and international postal money orders.
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Frequently asked questions
Yes, the USPS is protected by the Constitution. Article I, Section 8, Clause 7 of the United States Constitution gave Congress exclusive power to establish the postal system.
The Constitution's Postal Clause gives Congress the power to establish post offices and postal roads.
The Postal Clause is Article I, Section 8, Clause 7 of the United States Constitution. It gave Congress exclusive power to establish the postal system.
On February 20, 1792, Congress enacted its first major postal law under the U.S. Constitution. The act prohibited the private transmission of any letter or packet “on any established post-road”.
The Postal Clause gives Congress the power to establish post offices and postal roads. It also gives Congress implied powers, such as protecting the mail and excluding certain items from being mailed through the USPS.
