Omar Bennett
The United States Postal Service (USPS) is an integral part of daily life in America, delivering mail and providing banking services to many. The Postal Clause, outlined in Article I, Section 8 of the US Constitution, grants Congress the power to establish post offices and post roads, as well as regulate mail delivery across the nation. The Postal Clause's roots can be traced back to the Articles of Confederation, which preceded the Constitution and emphasized the government's role in establishing postal services. Over time, the interpretation and application of the Postal Clause have evolved, with the Supreme Court recognizing various implied powers of Congress related to postal services.
| Characteristics | Values |
|---|---|
| Article | I |
| Section | 8 |
| Clause | 7 |
| Power | To establish Post Offices and post Roads |
| Postal Clause Roots | Articles of Confederation |
| Postal Clause Meaning | The power to designate certain materials as non-mailable, and to pass statutes criminalizing abuses of the postal system |
| Postal Reorganization Act | 1970 |
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What You'll Learn
- The Postal Clause gives Congress the power to establish post offices and post roads
- The Postal Reorganization Act of 1970 made the postal service an independent agency
- The postal service is relied upon for banking services, such as money orders
- The postal service can exclude certain items from being mailed, such as obscene materials
- The postal service's history is rooted in the British postal system and dates back to 1692
The Postal Clause gives Congress the power to establish post offices and post roads
The Postal Clause, outlined in Article I, Section 8 of the US Constitution, grants Congress the power to establish post offices and post roads. This clause, also known as the Postal Power, provides the legislative branch with the authority to create and regulate postal infrastructure and services. The clause states: "The Congress shall have Power... To establish Post Offices and post Roads".
The Postal Clause has its roots in the Articles of Confederation, which preceded the Constitution. The Articles of Confederation granted the United States in Congress assembled the "sole and exclusive right and power" to establish and regulate post offices across the states. This early framework laid the groundwork for the Postal Clause in the Constitution, which expanded the powers of the federal government in postal matters.
The inclusion of the Postal Clause in the Constitution was influenced by the experiences of the Founding Fathers with the British postal system. The British had established a postal system in Colonial America in 1692, complete with designated post roads and postmaster positions. However, there were disagreements and controversies regarding the interpretation and scope of the Postal Clause. John Jay, in a letter to George Washington, suggested that the Post Office be placed under the executive branch, while Thomas Jefferson expressed concerns about potential patronage and waste of funds. There was also debate over whether Congress had the authority to construct new postal facilities and roads or only designate existing infrastructure for postal use.
Over time, the Supreme Court has interpreted the Postal Clause to grant Congress implied powers beyond those explicitly stated. For example, Congress has been allowed to exclude certain items from being mailed through the USPS, such as obscene, lewd, or lascivious materials, and to pass statutes criminalizing abuses of the postal system, like mail fraud and armed robbery of post offices. The Postal Reorganization Act of 1970 further transformed the federal postal service by making it an independent agency, granting letter carriers and postal workers the right to collective bargaining, and giving the agency the authority to set postal rates and salaries.
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The Postal Reorganization Act of 1970 made the postal service an independent agency
The United States Postal Service (USPS) is an integral part of daily life in America, delivering mail, parcels, and packages. The USPS also provides services for banking purposes, such as postal money orders. The Postal Clause, outlined in Article I, Section 8, Clause 7 of the United States Constitution, grants Congress the exclusive power to establish the postal system. The Articles of Confederation of 1781 state that:
> The United States in Congress assembled shall also have the sole and exclusive right and power of... establishing or regulating post offices from one State to another, throughout all the United States, and exacting such postage on the papers passing through the same as may be requisite to defray the expenses of the said office.
There were some early disagreements regarding the boundaries of the Postal Power. For instance, John Jay, in a letter to George Washington, suggested that the Post Office be placed under the supervision of the executive branch. Thomas Jefferson, on the other hand, doubted granting Congress the power to designate post roads, believing that road-building was a state responsibility.
The Postal Reorganization Act of 1970 significantly transformed the federal postal service. The U.S. Post Office Department, which was previously part of the President's Cabinet, became an independent agency, no longer under the direct control of Congress and the President. This change granted letter carriers and other postal workers the right to engage in collective bargaining, allowing them to negotiate on wages, benefits, and working conditions. The Act also clarified the role and purpose of mail services in American life, and authorized the new agency to set postal rates and salaries for letter carriers. The legislation was a direct response to the U.S. postal strike of 1970, which highlighted the need for reform and modernization of the postal system.
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The postal service is relied upon for banking services, such as money orders
The United States Postal Service (USPS) is an integral part of daily life in America. It is relied upon for the delivery of mail, including parcels and packages. Additionally, many individuals use the services of USPS for banking purposes, such as obtaining domestic and international postal money orders. The USPS began selling money orders as a safer alternative to sending currency through the postal system, to reduce post office robberies. Money orders are also a convenient way to transfer funds to a payee in a remote, rural area, where banks may not be easily accessible or where many people may not use a bank account at all.
Money orders are affordable, widely accepted, and never expire. They are commonly used for transferring money internationally, where there may not be reliable banking or postal systems. In the United States, money orders are generally easy to obtain and are sold at post offices, grocery stores, and convenience stores.
The Postal Savings System operated from 1911 to 1966, accepting savings deposits guaranteed by the full faith and credit of the United States. By 1947, postal banks had $3.4 billion in assets (more than $35 billion in today's dollars) or about 10% of the entire commercial banking system. USPS window clerks processed 500 million money order transactions over five years at a face value of $110 billion, adding up to 378,000 money orders per day in 2014.
The Postal Reorganization Act of 1970 transformed the federal postal service. The U.S. Post Office Department became an independent agency, giving postal workers the right to engage in collective bargaining. The USPS is legally obligated to serve all Americans, regardless of geography, at a uniform price and quality. It is prohibited from making certain decisions based on profit, such as closing a post office solely for financial reasons.
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The postal service can exclude certain items from being mailed, such as obscene materials
The United States Postal Service (USPS) is an integral part of daily life in America, delivering mail, parcels, and packages. The USPS also provides services such as domestic and international postal money orders. The history of the USPS dates back to the Articles of Confederation of 1781, which gave Congress the "sole and exclusive right and power" to establish and regulate post offices and postal roads. This was further reinforced by the Postal Clause in Article I, Section 8, Clause 7 of the United States Constitution, granting Congress the power "to establish Post Offices and post Roads".
Over time, the interpretation of the Postal Clause has evolved, with early disagreements regarding the extent of Congress's power. Initially, there was uncertainty over whether Congress had the authority to construct post roads and post offices or merely designate existing roads and buildings for postal use. The Supreme Court initially construed this power narrowly, focusing on the designation of roads and sites. However, over time, the interpretation broadened, allowing for the appropriation of land for postal purposes.
The Postal Clause also includes the power to designate certain materials as non-mailable and to criminalize abuses of the postal system. This power has been exercised by Congress and the Postmaster General to exclude obscene materials from the mail. The exclusion of obscene content began with an act in 1872 banning lottery circulars, followed by the Comstock laws in 1873. The Comstock Act prohibited the mailing of obscene, lewd, or lascivious books, pamphlets, pictures, papers, or other publications of an indecent character.
In addition to obscene materials, the USPS maintains a list of prohibited, restricted, and non-mailable items for the safety and security of the mail system and its users. These include hazardous materials, such as liquid mercury, flammable devices, corrosive substances, and lithium batteries, as well as live ammunition, fireworks, and perishable items. The USPS provides guidelines and restrictions to ensure the safe and efficient delivery of mail while complying with postal regulations and laws.
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The postal service's history is rooted in the British postal system and dates back to 1692
The United States Postal Service (USPS) is an integral part of daily life in America, delivering mail, parcels, and packages. The USPS is relied upon for various purposes, including banking services and money orders. The history of the postal service in the United States is rooted in the British postal system and dates back to 1692.
In 1692, the idea of a central postal service was introduced to the colonies when co-reigning British monarchs William and Mary awarded Thomas Neale a contract to establish a private postal system throughout the colonies. Neale never visited America and appointed the governor of New Jersey, Andrew Hamilton, to manage the service. This initial attempt at a postal system ultimately failed, and the British Crown assumed control of the postal service in the colonies. The primary role of the Crown Post was to facilitate communication and correspondence between British officials, enabling the empire's governance. Sending mail through the post office was expensive, and the receiver was required to pay the postage, often resulting in many unclaimed letters.
The early colonial postal system in America faced challenges, as mail deliveries from Britain were sporadic and could take months to arrive. In the absence of post offices, mail was typically left at inns and taverns. However, the increasing volume of trans-Atlantic mail led to the establishment of the first official colonial mail service in Boston around 1639. Benjamin Franklin, who served as postmaster of Philadelphia and later as one of the joint postmasters general for the colonies, played a significant role in improving the colonial postal system. He established new, more efficient routes and reduced delivery times between Philadelphia and New York by implementing relay teams for the mail wagon.
The Articles of Confederation of 1781 granted Congress the "sole and exclusive right and power" to establish and regulate post offices and designate post roads. This power was reaffirmed in the United States Constitution, which gave Congress the authority to "establish Post Offices and post Roads." The Framers' understanding of postal services was influenced by their experiences with the British postal system. The Postal Reorganization Act of 1970 transformed the federal postal service, making it an independent agency with the authority to set postal rates and salaries for letter carriers.
Over time, the United States postal system expanded significantly. In 1789, there were approximately 75 post offices in the country, and by 1829, that number had grown to over 8,000. Today, the United States has over 40,000 post offices, and the USPS handles a substantial portion of the world's mail volume. The evolution of the postal service in the United States reflects its long history and ongoing adaptations to meet the changing needs of the nation.
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Frequently asked questions
Article I, Section 8, Clause 7 of the US Constitution mentions post offices.
It gives Congress the exclusive power to establish the postal system, including the ability to control land for "post roads" to carry the mail, and the buildings needed to maintain a mail delivery system.
The Postal Clause has its roots in the Articles of Confederation, which preceded the Constitution. The Articles of Confederation stated that the government would have the "sole and exclusive right and power" to establish and regulate post offices and postal roads from one state to another. The Postal Reorganization Act of 1970 changed the federal postal service from being part of a President's Cabinet to an independent agency, giving postal workers the right to engage in collective bargaining.
The Postal Clause has been interpreted to give Congress the power to designate mail routes, construct or designate post offices, and carry, deliver, and regulate mail within the United States. The Postal Clause also 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.
