Simone Lawson
The Postal Clause, or Article I, Section 8, Clause 7 of the United States Constitution, authorizes the establishment of post offices and post roads by the country's legislature, the Congress. 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. The Supreme Court has also construed the Postal Clause to give Congress the power to exclude certain items from being mailed, such as obscene materials and communist propaganda, though this power has been limited by the First Amendment. The Postal Reorganization Act of 1970 transformed the postal service into an independent agency, granting letter carriers and postal workers the right to collective bargaining and the authority to set postal rates and salaries.
| Characteristics | Values |
|---|---|
| Article of the Constitution | Article I, Section 8, Clause 7 |
| Name of the Clause | Postal Clause |
| Powers Granted to | Congress |
| Powers Granted | Power to establish post offices and postal roads |
| Powers Exercised | Exclusion of certain items from being mailed, such as obscene materials and political propaganda |
| Powers Interpreted | Authorize statutes designating certain materials as non-mailable and criminalizing abuses of the postal system |
| Powers Limited By | First Amendment rights, as upheld by the Supreme Court |
| Postal Service as an Organization | Independent establishment of the executive branch with a board of governors appointed by the President and Senate |
| Postal Workers' Rights | Right to engage in collective bargaining and set postal rates and salaries |
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What You'll Learn
The Postal Clause
Article I, Section 8, Clause 7 of the United States Constitution, also known as the Postal Clause, grants Congress the power to establish a postal system. The clause states: "The Congress shall have Power... To establish Post Offices and post Roads".
There have been disagreements and controversies over the years regarding the extent of Congress's power under the Postal Clause. Thomas Jefferson, for example, believed that road-building was a state responsibility and that the postal service could become a waste of money. The Supreme Court initially construed the Postal Clause narrowly, holding that Congress's power consisted mainly of designating roads and sites. However, over time, the Court allowed the appropriation of land for postal purposes.
The Postal Reorganization Act of 1970 significantly changed the federal postal service by making it an independent agency, giving postal workers the right to collective bargaining, and allowing the agency to set postal rates and salaries.
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Thomas Jefferson's concerns
Thomas Jefferson had several concerns about the postal service clause in the US Constitution. In a letter to James Madison dated March 6, 1796, Jefferson questioned the meaning of the word "establish" in the clause and whether it granted Congress the authority to construct new postal roads or only select existing roads for postal routes. He 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?".
Jefferson's interpretation of "establish" was considered by some as "whimsical or mischievous," with limited support beyond his own prestige. However, founding-era sources suggest that 'establishing' a road encompassed a range of activities necessary for its creation, including planning, laying out, clearing, and surfacing.
Jefferson also expressed concern about the potential for the postal service to become a source of patronage and a waste of money. He worried that granting Congress the power to designate post roads would lead to unnecessary spending, as he believed road building should be a state responsibility.
Furthermore, Jefferson's letters indicate his discomfort with the abuse of his right of transmission by mail. In a letter to Gideon Granger in 1811, he expressed his mortification at booksellers and foreigners sending packages of books without his consent. Jefferson's correspondence also highlights his concerns about the franking privilege, where certain individuals were exempt from postage fees, potentially impacting postal revenues.
Overall, Thomas Jefferson's concerns centered around the interpretation of congressional powers, fiscal responsibility, and the proper use of the postal system. His insights contributed to the ongoing discussions and legal interpretations surrounding the postal clause in the US Constitution.
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Congressional postal powers
Article I, Section 8, Clause 7 of the United States Constitution, also known as the Postal Clause, grants Congress the power to establish post offices and post roads. This clause has been interpreted to give Congress the authority to designate mail routes, construct or designate post offices, and carry, deliver, and regulate the mail of the United States.
The Postal Clause was added to the Constitution to facilitate interstate communication and create a source of revenue for the early United States. However, there were early disagreements about the scope of congressional postal powers. Thomas Jefferson, for example, questioned whether Congress had the authority to build post roads and post offices or merely designate which lands and roads would be used for postal purposes. He also expressed concern that the postal service would become a source of patronage and a waste of money.
Over time, the Supreme Court has interpreted the Postal Clause to grant Congress implied powers beyond those explicitly stated. These powers include the ability to exclude certain items from being mailed, such as obscene or indecent materials, and to criminalize abuses of the postal system, such as mail fraud and armed robbery of post offices.
In the 20th century, the Supreme Court took a more assertive approach in striking down postal laws that limited free expression, particularly political materials. The Court ruled that the First Amendment provided a check on congressional postal powers. Additionally, in Lamont v. Postmaster General (1962), the Court struck down a provision 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 violated the addressee's First Amendment rights to receive information.
The Postal Reorganization Act of 1970 significantly transformed the federal postal service by making it an independent agency, giving postal workers the right to collective bargaining, and granting the new agency the authority to set postal rates and salaries.
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Postal censorship
Article I, Section 8, Clause 7 of the United States Constitution, also known as the Postal Clause, authorises the establishment of "post offices and post roads" by the country's legislature, the Congress. 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 the mail of the United States.
During the American Civil War, both the Union and Confederate governments enacted postal censorship, particularly for mail sent to and from prisoner-of-war camps. Wartime censorship aimed to prevent the disclosure of military secrets and to monitor troop morale. Similar practices occurred during World War I and World War II, with censors redacting information that could be valuable to the enemy, such as troop locations and numbers.
In the 20th century, postal censorship was also used to target obscene materials and political propaganda. The Supreme Court played a role in limiting postal censorship that infringed on First Amendment rights, as seen in Lamont v. Postmaster General, where the Court struck down a provision of the Postal Service Salary Act of 1962 that allowed the Postmaster General to detain and deliver only upon request certain foreign mail containing communist propaganda.
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Postal workers' rights
The rights of postal workers in the United States have evolved over time, with several key moments in history shaping their current status. The foundation of these rights can be traced back to Article I, Section 8, Clause 7 of the United States Constitution, commonly known as the Postal Clause. This clause authorises Congress to establish "post offices and post roads", and has been invoked as the basis for the United States Postal Service and its predecessors.
One of the earliest controversies surrounding the Postal Clause was the debate over the meaning of the word "establish". Thomas Jefferson questioned whether Congress had the power to actually construct postal facilities and roads, or if their role was limited to designating existing buildings and routes for postal services. This interpretation was not supported by founding-era sources, which suggested that 'establishing' a road included the necessary steps for bringing it into existence, such as planning, laying out, and surfacing.
The Postal Clause has also been interpreted to give Congress the power to designate mail routes, construct or designate post offices, and regulate the mail of the United States. This includes the authority to exclude certain items from being mailed, such as obscene or indecent materials, and to criminalise abuses of the postal system like mail fraud and armed robbery of post offices. However, in the 20th century, the Supreme Court began to strike down postal laws that limited free expression, particularly political materials, citing the First Amendment as a check on postal power.
A significant change for postal workers' rights came with the Postal Reorganization Act of 1970, which transformed the U.S. Post Office Department from being part of the President's Cabinet to an independent agency. This gave postal workers the right to engage in collective bargaining and set their own postal rates and salaries. The Act also clarified the role and purpose of mail services in American life, further shaping the rights and responsibilities of postal workers.
While the Postal Clause has been interpreted to grant Congress various powers related to postal services, it is important to note that the Supreme Court has not always agreed with expansive interpretations of these powers. In the case of Lamont v. Postmaster General, the Court deemed a section of the Postal Service Salary Act of 1962 unconstitutional, as it violated the addressee's First Amendment rights to receive information. This ruling highlighted the constitutional limits that Congress must observe in operating the postal system.
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Frequently asked questions
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.
The controversy was centred around the meaning of the word "establish" and whether it gave Congress the power to construct new postal facilities and roads or only the power to designate existing buildings and routes for postal services.
The Supreme Court construed the power narrowly, holding that the power consisted mainly of designating roads and sites for postal services.
The Postal Clause has been interpreted to give Congress the power to exclude certain materials from being mailed, such as obscene or indecent content, and to criminalize abuses of the postal system, such as mail fraud and armed robbery of post offices.
