Omar Bennett
The United States Postal Service (USPS) is an integral part of daily life in America, relied upon for the delivery of mail, parcels, and packages. The Postal Clause, also known as the Postal Power, in Article I, Section 8, Clause 7 of the United States Constitution, grants Congress the power to establish the postal system, including the creation of post offices and postal roads. This clause, added to facilitate interstate communication and create a revenue source, has been interpreted to include the authority to carry, deliver, and regulate mail, as well as designate certain materials as non-mailable. The Postal Reorganization Act of 1970 transformed the postal service into an independent agency, allowing letter carriers and postal workers to engage in collective bargaining and giving the agency the authority to set postal rates and salaries.
| Characteristics | Values |
|---|---|
| Postal Clause | Gives Congress the power to establish post offices and postal roads |
| Article I, Section 8, Clause 7 | Empowers Congress to establish post offices and postal roads |
| Postal Reorganization Act of 1970 | Changed the federal postal service from being part of a President's Cabinet to an independent agency |
| Postal Act of 1792 | Officially created the Post Office with Congress granting the postmaster general broader powers |
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What You'll Learn
The Postal Clause
The Postal Reorganization Act of 1970 was another pivotal moment for the postal system. This act transformed the postal system into an independent agency, no longer a part of the President's Cabinet. It gave letter carriers and postal workers the right to collective bargaining and authorized the new agency to set postal rates and salaries.
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Congressional powers
The United States Constitution, in Article I, Section 8, Clause 7, grants Congress the power to establish a postal system. This clause, known as the Postal Clause, empowers Congress to "establish Post Offices and post Roads." The Postal Clause had its roots 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 imported their postal system to Colonial America in 1692 when they appointed a postmaster for the colonies.
Congress, with the Postal Act of 1792, officially created the Post Office, granting the postmaster general broad powers. The Act also protected privacy by criminalizing the opening of mail by postal officials unless it was undeliverable.
The Postal Clause gives Congress enumerated powers, including the ability to designate mail routes and construct or designate post offices. It also confers implied powers, such as the authority to carry, deliver, and regulate mail, protect the mail, and criminalize abuses of the postal system. The Supreme Court has recognized these implied powers, interpreting the Postal Clause narrowly in the early 19th century but gradually expanding its scope to allow land appropriation for postal purposes.
The Postal Reorganization Act of 1970 significantly transformed the federal postal service. It repositioned the postal system as an independent agency within the executive branch, with the authority to set postal rates and salaries for letter carriers. This change elevated the postal system's status and ensured its operation as a fundamental service provided by the US government.
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Supreme Court rulings
The US Constitution's Postal Clause, or Article I, Section 8, Clause 7, grants Congress the power to establish post offices and postal roads. The Supreme Court has interpreted and affirmed this power in several rulings over the years.
In the 19th century, the Supreme Court construed this power narrowly, holding that it primarily concerned the designation of roads and sites for postal infrastructure. However, over time, the Court allowed for the appropriation of land for postal purposes, recognising Congress's implied powers under the Postal Clause.
In Searight v. Stokes (1845), the Supreme Court confirmed that Congress was charged with transporting mail based on the Postal Clause, giving Congress the authority to enter into agreements with states regarding the use and maintenance of roads for postal transport. This was affirmed in Kohl v. United States (1875), which settled a debate over the federal government's ability to acquire buildings and roads for post offices. The Court upheld the federal government's power to seize private land for postal infrastructure under the doctrine of eminent domain.
In Ex Parte Jackson (1878), the Supreme Court affirmed Congress's power to exclude certain items from being mailed, such as obscene, lewd, or indecent materials, and to criminalise abuses of the postal system, such as mail fraud. While these content restrictions were upheld by the Court in the 19th century, it took a more assertive approach in the 20th century, striking down postal laws that limited free expression, particularly regarding political materials.
In Lamont v. Postmaster General, the Supreme Court struck down a section of the Postal Service Salary Act of 1962 that required the Postmaster General to detain and deliver only upon the addressee's request unsealed foreign mail containing communist propaganda. The Court deemed this Act unconstitutional as it imposed limitations on the addressee's First Amendment rights to receive information.
In recent times, the Supreme Court has reaffirmed Congress's broad power over the postal system, particularly in the context of elections and absentee ballots. While the Court has generally deferred to state officials in Covid-19 election cases, it has been clear that Congress has the ultimate power and responsibility for the postal system under the Postal Clause.
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Mail regulation
The United States Postal Service (USPS) is an independent agency that manages the country's postal system. The USPS is rooted in the US Constitution, which grants Congress the power to establish a postal system. This is outlined in Article I, Section 8, Clause 7 of the Constitution, also known as the Postal Clause, which states that Congress has the power "To establish Post Offices and post Roads".
The Postal Clause gives Congress the authority to designate mail routes, construct or designate post offices, and carry, deliver, and regulate the mail of the United States as a whole. This includes the power to control land for "post roads" and to acquire buildings for mail delivery. The Postal Clause also includes the power to designate certain materials as non-mailable, such as obscene or abusive content, and to pass statutes criminalizing abuses of the postal system, such as mail fraud and armed robbery of post offices.
The Postal Reorganization Act of 1970 was a significant change to the postal system, creating an independent agency to manage the United States Postal System and giving letter carriers and other postal workers the right to engage in collective bargaining. The Act also clarified the role and purpose of mail services in American life, and gave the new agency the authority to set postal rates and salaries for letter carriers.
Throughout US history, the mail has played a crucial role in shaping jurisprudence on free expression and the First Amendment. The postal system has been the target of numerous lawsuits, many of which have involved First Amendment challenges related to the type of content that can be mailed. For example, in the 1870s, there were debates over the exclusion of obscene materials from the mail, such as lottery advertisements and circulars. While these attempts at limiting content were initially upheld by the Supreme Court, the Court later took a more assertive approach in striking down postal laws that limited free expression, particularly political materials.
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Postal independence
The Postal Clause, or Article I, Section 8, Clause 7 of the United States Constitution, grants Congress the power to establish the postal system. This includes the authority to designate mail routes, construct or designate post offices, and regulate mail delivery and postal rates across the country. The Postal Clause was added to facilitate interstate communication and generate revenue for the early US.
While the Postal Clause gives Congress the power to establish the postal system, the Supreme Court has also recognised implied powers, such as protecting the mail. The Postal Reorganization Act of 1970 created an independent agency to manage the newly formed United States Postal System, replacing the Post Office Department. This act dramatically changed the federal postal service, giving postal workers the right to collective bargaining and clarifying the role of mail services in American life. It also gave the new independent agency the authority to set postal rates and salaries for letter carriers.
The United States Postal Service (USPS) is now an integral part of daily life in America, relied upon for the delivery of mail, parcels, and packages. Many individuals also use the USPS for banking services, such as obtaining postal money orders. The USPS is governed by a board of governors, with the postmaster general and deputy postmaster general appointed by this board.
Despite the USPS's independence, there have been discussions about potential privatisation. In 2024, President Trump stated that he was considering privatisation, an idea that has gained traction among certain groups. However, no further actions or developments regarding this potential privatisation have been made public.
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Frequently asked questions
Article I, Section 8, Clause 7 of the United States Constitution, also known as the Postal Clause or the Postal Power, authorizes the US Post Office.
The Postal Clause states that Congress has the power "To establish Post Offices and post Roads."
The Postal Clause also empowers Congress to designate mail routes and construct or designate post offices. It also has the implied authority to carry, deliver, and regulate the mail of the United States as a whole.
