Isabella Carter
The US Constitution's Postal Clause gives Congress the power to establish post offices and postal roads, with the implied authority to carry, deliver, and regulate mail across the United States. This power has been interpreted differently over time, with early disagreements on whether Congress could build post roads or only designate existing roads for postal use. The term post roads originates from the British postal system, where it referred to designated roads with posts for mail transportation, and has evolved to include main roads, highways, and royal roads. The Postal Clause also includes the power to designate non-mailable materials and criminalize abuses of the postal system.
| Characteristics | Values |
|---|---|
| Definition | Roads designated for the transportation of postal mail. |
| History | The term "post roads" was adopted from the British postal system, which established post roads in the 17th and 18th centuries. The British imported their postal system to Colonial America in 1692. |
| Controversy | There was early disagreement about whether Congress had the power to build post roads or merely designate existing roads for postal use. The Supreme Court initially construed this power narrowly, but later allowed for the appropriation of land for postal purposes. |
| Powers | The Postal Clause gives Congress the power to establish post offices and postal roads, protect the mail, and criminalize abuses of the postal system. |
| Examples | Notable post roads in the U.S. include the Chemin du Roy in Quebec, Canada, and Dundas Road and Kingston Road in Upper Canada. |
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What You'll Learn
The meaning of 'establish'
The meaning of "establish" in the context of the US Constitution's Postal Clause has been a subject of debate and interpretation. The clause, found in Article I, Section 8, Clause 7, grants Congress the power "to establish Post Offices and post Roads".
The primary question surrounding the word "establish" is whether it gives Congress the authority to construct new postal facilities and roads, or if it only allows them to designate existing buildings and routes for postal purposes. This question was raised as early as 1796, in a letter from Thomas Jefferson to James Madison, who wrote, "Does the power to establish post roads, given you by Congress, mean that you shall make the roads, or only select from those already made, those on which there shall be a post?".
The Supreme Court has weighed in on this issue, with early 19th-century interpretations favouring a narrow reading, holding that Congress's power primarily consisted of designating roads and sites for postal use. However, over time, the Court allowed for the appropriation of land for postal purposes, indicating a broader interpretation of "establish".
The Postal Clause has also been construed to give Congress the implied authority to carry, deliver, and regulate mail, as well as protect it. 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 term "post roads" itself is derived from the British postal system, which was imported to Colonial America in 1692. In the British system, "post roads" referred more to the posts along designated roads rather than the actual mail delivery. These posts were distinct from post offices. Notable post roads in the United States include the Chemin du Roy in Quebec, built between 1731 and 1737, and the Dundas Road and Kingston Road in Upper Canada, built in the late 1700s and early 1800s.
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Thomas Jefferson's views
Thomas Jefferson was in France serving as the United States minister when the Federal Constitution was written in 1787. However, he was still able to influence the development of the federal government through his correspondence with his good friend James Madison. Jefferson wanted the new Constitution to be accompanied by a written "bill of rights" to guarantee personal liberties, such as freedom of religion, freedom of the press, freedom from standing armies, trial by jury, and habeas corpus.
In a letter to James Madison, dated March 6, 1796, Jefferson questioned the power of Congress to establish post roads:
> "Does the power to establish post roads, given you by Congress, mean that you shall make the roads, or only select from those already made, those on which there shall be a post?"
Jefferson doubted granting Congress the power to designate post roads, as he considered road-building to be a state responsibility. He also feared that the postal service would become a source of patronage and a waste of money.
The primary question raised in the early days of the nation regarding the postal clause concerned the meaning of the word "establish" and whether it conferred upon Congress the power to construct new postal facilities and roads or only the power to designate existing buildings and routes to serve as post offices and post roads.
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Congressional powers
The term "post roads" refers to roads designated for the transportation of postal mail. In the context of the US Constitution, the Postal Clause gives Congress the power to establish post offices and postal roads. This clause, found in Article I, Section 8, Clause 7 of the Constitution, grants Congress exclusive authority over the postal system in the United States.
Congress's powers related to post roads and the postal system also include the authority to:
- Protect the mail: This includes the power to designate certain materials as non-mailable, such as obscene or harmful content, and to criminalize abuses of the postal system like mail fraud and robbery.
- Enter into agreements with states: For example, in the case of Searight v. Stokes, the Supreme Court confirmed Congress's authority to enter into an agreement with the State of Pennsylvania to use and maintain a state road for postal transportation.
- Regulate the use of the mail system: Congress can enforce compliance with regulatory requirements by denying certain entities or individuals the use of the mail system. However, as seen in the Public Utility Holding Act of 1935, the Supreme Court has limited Congress's ability to use postal powers to enforce requirements outside its scope.
- Construct and designate postal infrastructure: While there was initial ambiguity, Congress does have the power to construct new postal facilities and roads, in addition to designating existing buildings and routes for postal use.
The interpretation and exercise of Congressional powers related to post roads and the postal system have evolved over time, with the Supreme Court playing a significant role in defining the boundaries of these powers. The Postal Clause grants Congress significant authority over postal matters, but it is not without limitations, as highlighted by various court cases and interpretations.
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The Postal Clause
The term "post roads" originated from the British postal system, which was introduced to Colonial America in 1692. In the British system, "post roads" referred to designated roads with posts, which were distinct from post offices. The Framers of the US Constitution adopted this terminology, along with other postal terms, from the British model.
The US Supreme Court played a significant role in interpreting the Postal Clause. Initially, during the early 19th century, the Court narrowly construed Congress's power, holding that it primarily involved designating roads and sites for postal purposes. However, over time, the Court expanded this interpretation, allowing Congress to appropriate land for postal infrastructure. The Court also recognised implied powers within the Postal Clause, such as the authority to protect the mail and regulate its use.
One notable case related to the Postal Clause is Ex parte Jackson (1878), where the Court upheld the exclusion of lottery circulars from the mail, setting a precedent for postal censorship and content restrictions. Another case, Lamont v. Postmaster General (1965), addressed the detention of mail deemed "communist political propaganda", with the Court striking down this practice as a violation of constitutional guarantees.
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Post roads in Canada and the US
Post roads are roads designated for the transportation of postal mail. In the past, 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. Post roads were first established by the British in Colonial America in 1692, when they appointed a postmaster for the colonies. The British system was the model for the American postal system, including the adoption of terms like "posts", "post roads", "postmaster", and "post offices".
The Articles of Confederation gave Congress the power to establish post offices but not post roads. However, the adoption of the US Constitution changed this, as Article I, Section Eight, known as the Postal Clause, specifically authorises Congress to "establish post offices and post roads". This was broadly interpreted to include all public highways.
There were some early disagreements about the boundaries of the Postal Power. Thomas Jefferson, for example, considered road-building to be a state responsibility and feared that the postal service would become a source of patronage and a waste of money. The US Supreme Court construed the power narrowly during the early 19th century, holding that the power consisted mostly of the designation of roads and sites. However, this gradually gave way to allowing the appropriation of land for postal purposes.
Notable American post roads include the Albany Post Road, connecting New York City to Albany, and the Boston Post Road, which traverses New England from New York City to Boston, Massachusetts. The White Plains Post Road, the southernmost section of New York State Route 22, was a major highway connecting New York City to White Plains in the 18th and 19th centuries.
In Canada, notable post roads include the Chemin du Roy, built between Montreal and Quebec City from 1731 to 1737, and later incorporated as Quebec Route 2. Dundas Road and Kingston Road were also notable post roads built in the late 1700s and early 1800s to provide a route for mail and stagecoaches between key settlements in Upper Canada. These roads became the basis for the provincial highway system in Ontario. The Trans-Canada Highway, officially dedicated in 1962, is the principal highway of Canada and the world's longest national road, extending 4,860 miles (7,821 km) between the Pacific and Atlantic coasts and passing through all 10 Canadian provinces.
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Frequently asked questions
Post roads are roads designated for the transportation of postal mail. In the past, 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.
Article I, Section 8, Clause 7 of the United States Constitution gave Congress exclusive power to establish postal roads and post offices.
The controversy was whether Congress had the power to build post roads and post offices or merely designate which lands and roads were to be used for postal purposes. Thomas Jefferson, for instance, considered road-building to be a state responsibility.
