Without any invidious distinction, it may be stated, that the winter mail-route between Philadelphia, and Baltimore, and Washington, by the way of the Susquehannah and Havre de Grace, has been before congress under this very aspect. Lafourche Parish. Such is a summary of the principal reasoning on each side of this much contested question. Johnsons Dict. Co. v. Burleson. The one may exist independently of the other. 4 Elliots Debates, 356. The right to exact postage and to protect the post-offices and mails from robbery by punishing the offenders, may fairly be considered, as incidents to the grant, since, without it, the object of the grant might be defeated. Does the federal government establish Post Offices? Under the constitution congress has, without any questioning, given a liberal construction to the power to establish post-offices and post-roads. As you know, the United States Postal Service is a pillar of our American Democracy that is enshrined in the Constitution, which empowers Congress to "establish Post Offices and Post Roads." The Postal Service provides critical services for the American people: delivering medicine to seniors, paychecks to workers, tax refunds to millions . It has been truly said, that in a strict sense, this power is executed by the single act of making the establishment. Where is the power given to acquire it? When the state-roads do furnish such routes, there can certainly be no sound policy in congress making other routes. 28. The reader must decide for himself, upon the preponderance of the argument. 4 Elliots Debates, 354. 16114) (C.C.N.D. 15. 25. On the contrary, they are universally understood for all other purposes, not inconsistent with the constitutional rights and uses of the Union, to be subject to state authority and rights. In the early days, the mail was delivered via horseback or stagecoach along postal roads to local post offices. B) Implied powers. POST ROADS POST ROADS. Ry., 125 U.S. 465 (1888); Leisy v. Hardin, 135 U.S. 100 (1890). It would be absurd to say, that, by omitting from the constitution any portion of the phraseology, which was deemed important in the confederation. Surely, if the right exists, these consequences necessarily followed, as soon as the road was established. In short, these rules of strict construction might be pressed still farther; and, as the power is only given to designate, not offices, but post-offices, the latter must be already in existence; for otherwise the power must be read, to designate what offices shall be used, as post-offices, or at what places post-offices shall be recognised; either of which is a departure from the supposed literal interpretation. See Rawle on the Constitution, ch. 1122. 9, p. 103, 104. There is no such known sense of the word establish, as to direct, designate, or point out. And if there were, it does not follow, that a special or peculiar sense is to be given to the words, not conformable to their general meaning, unless that sense be required by the context, or, at least, better harmonizes with the subject matter, and objects of the power, than any other sense. It was passed over by the Federalist with a single remark, as a power not likely to be disputed in its exercise, or to be deemed dangerous by its scope. Clearing House, 194 U.S. at 506. Whatever is necessary, whatever is appropriate to this purpose, is within the power. The sense, in which words are commonly used, is that, in which they are to be understood in all transactions between public bodies and individuals. re: Can we please just shut down the post office Posted on 3/9/23 at 6:34 am to PaperTiger. Under such circumstances, how could it have been possible under that instrument (which declares, that every power not expressly delegated shall be retained by the states) to find any authority to carry the mail, or to make contracts for this purpose? Half a century later it was availed of as one of the grounds on which the national executive was conceded the right to enter the national courts and demand an injunction against the authors of any widespread disorder interfering with interstate commerce and the transmission of the mails.6 FootnoteIn re Debs, 158 U.S. 564, 599 (1895). If we go back to the origin of our settlements and institutions, and trace their progress down to the Revolution, we shall see, that it was in this sense and in none other, that the power was exercised by all our colonial governments. 27 F. Cas. 1135. . A much broader power of exclusion was asserted in the Public Utility Holding Company Act of 1935.21 Footnote 49 Stat. The postal powers of Congress embrace all measures necessary to insure the safe and speedy transit and prompt delivery of the mails.4 FootnoteEx parte Jackson, 96 U.S. 727, 732 (1878). If they had never erected a custom-house, or court-house, they could not now do it. Exclusive Power as an Adjunct to Other Powers. Today's Postal Service is an independent agency that funds its operation through the sale of postage, products and services. It gives the Congress the power "to establish post offices and post roads" In 1789, when the Constitution was adopted, the mail was carried on by riders on horseback. When the U.S. Constitution was ratified in 1789, Article I, Section 8, Clause 7 gave Congress the ability to "establish post offices and post roads." In 1792, President George Washington . The only effect would be, that the jurisdiction in such a case would not be exclusive. This is not, perhaps, a very important inquiry, because it is admitted on all sides, that it can be exercised only in subordination to the power of congress, if it be concurrent in the states. In legislative acts, in state papers, and in the constitution itself, the word is found with the same general sense now insisted on; that is, in the sense of, to create, to form, to make, to construct, to settle, to build up with a view to permanence. If, for instance, congress had never provided a ship for the navy, except by purchase, they could not now authorize ships to be built for a navy, or converso. 1139. ] To establish Post Offices and post Roads; . Lysander Spooner justified his business to the public in his 1844 pamphlet, "The Unconstitutionality of the Laws of Congress, Prohibiting Private Mails": He argued that although the Constitution granted Congress the power to "establish post offices and post roads," this only gave Congress the authority to create a postal service, not to . In fact, infrastructure spending and the federal government have a history that dates to Article 1, Section 8 of the U.S. Constitution that gave Congress the power to "establish post offices and post roads." 42. It speaks in the preamble of one motive being, to establish justice, and that the people do ordain and establish this constitution. 686 (No. to establish such other roads as post roads, as to him may seem necessary." Congress, he observed, are authorized not only to establish post offices and post roads, but also to borrow money; but is it understood that Congress are to go in a body to borrow every sum that may be requisite? It is incredible, that such solicitude should have been expressed for such inconsiderable spots, and yet, that at the same time, the constitution intended to convey by implication the power to construct roads throughout the whole country, with the consequent right to use the timber and soil, and to exercise jurisdiction over them. To induce compliance with the regulatory requirements of that act, Congress denied the privilege of using the mails for any purpose to holding companies that failed to obey that law, irrespective of the character of the material to be carried. Different nations in Europe have established posts, and for mutual convenience have stipulated a free passage for the posts arriving on their frontiers through their territories. On this point his reasoning would appear to be vindicated by such decisions as those denying the right of the states to prevent the importation of alcoholic beverages from other states.8 FootnoteBowman v. Chicago & Nw. A unanimous Court transformed these reservations into a holding in Lamont v. Postmaster General,16 Footnote381 U.S. 301 (1965). 79d, 79e. the power to erect, and maintain a post-office establishment. If the power of congress is merely to select or designate the mail-roads, what interest in the use is acquired by the national government any more, than by any travellers upon the road? Farris, who identified himself as "postmaster of North Carolina," petitioned the South . It declares, that the judicial power shall be vested in one supreme court and in such inferior courts, as congress may, from time to time, ordain and establish. Now, if the meaning of the word here was simply to point out, or designate post-offices, there would have been an end of all further authority, except of regulating the post-offices, so designated and pointed out. 29. To establish Post Offices and post Roads; Meaning: Deal with the mail 8th Clause and Meaning To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; Meaning: Set up a system of copyrights and patents 9th Clause and Meaning Article 1 Section 8 of the United States Constitution states: "The Congress shall have Power…To establish Post Offices and post Roads;" The power given under the confederation never practically received any other construction. There are many places peculiarly fit for local post-offices, where no suitable building might be found. It may be said, that, unless congress have the power, the mail-roads might be obstructed, or discontinued at the will of the state authorities. The states have altered, and discontinued, and changed such roads at their pleasure. Under the confederation, this very power to establish post-offices was construed to include the other powers already named, and others far more remote. How to use establish in a sentence. It supposes a power to select among things of the same nature. First, Congress is given the explicit power to, by law, create, form, establish post offices across the country and a notable addition that the founders felt was important, to establish post roads across the country created with the purpose of transferring the mail. - Constitution of the United States, Article I, Section 8, Clause 7. [The Congress shall have Power . Postal Service, whose financial condition resembles that of the federal government, of which the USPS is another ailing appendage, is urging cancellation of Saturday deliveries . It would be a most truly alarming inroad upon state sovereignty to declare, that a state-road could never be altered or discontinued after it had once become a mail-road. And, if it be the right and duty of congress to provide adequate means for the transportation of the mails, wherever the public good requires it, what limit is there to these means, other than that they are appropriate to the end?23. . Context Saudi Arabia and Iran, two of West Asia's major powers that have been at odds with each other for decades, agreed to restore diplomatic relations recently in an agreement brokered by China. Black. Now, if an office does not already exist at the place, how can it be designated, as a post-office? But there is a great difference between the policy of exercising a power, and the right of exercising it. . etc. The power to create the office does not necessarily include the power to carry the mail, or regulate the conveyance of letters, or employ carriers. Milwaukee Social Democratic Pub. Later cases first qualified these sweeping assertions and then overturned them, holding government operation of the mails to be subject to constitutional limitations. the Court sustained the exclusion of circulars relating to lotteries on the general ground that the right to designate what shall be carried necessarily involves the right to determine what shall be excluded. 10 Footnote 96 U.S. at 732. Vattel: Law of Nations or Principles of Natural Law, Americas Heritage: Constitutional Liberty, Storys Commentaries on Constitution of the U.S. (1833). Rawle on the Constitution, ch. Seven words of Article I, section 8, of the Constitution grant the postal power to Congress. A decade earlier, however, the Court, without passing upon the validity of the original construction of the Cumberland Road, held that being charged . The national government is that alone, which can safely or effectually execute it, with equal promptitude and cheapness, certainty and uniformity. This is an example of A) Enumerated powers. No general or exclusive jurisdiction is either required, or would be useful in regard to post-roads. The Constitution grants Congress "the Power to establish Post Offices and Post Roads." The Supreme Court has interpreted the post office clause broadly, holding that the language confers congressional power to determine what can and cannot be mailed, and enact federal laws criminalizing the use of the mail for certain purposes. And not only are the mails under the protection of the National Government, they are in contemplation of law its property. . Roads may, indeed, be said to he coeval with settlements. It would have been worse than a mockery. 151, 166 (1845), Ex parte Jackson, 96 U.S. 727, 732 (1878), United States Postal Serv. It imparts a new influence and impulse to private intercourse; and, by a wider diffusion of knowledge, enables political rights and duties to be performed with more uniformity and sound judgment. Rates were set by the Post Office Act of 1792, ranging from six cents for a one page letter carried up to thirty miles to twenty-five cents for one taken more than 450 miles. Clause 7 Post Offices To establish Post Offices and post Roads; ArtI.S8.C7.1 Historical Background on Postal Power ArtI.S8.C7.2 Power to Protect the Mails ArtI.S8.C7.3 Power to Prevent Harmful Use of Postal Facilities ArtI.S8.C7.4 Exclusive Power Over Post Offices as an Adjunct to Other Powers A state might without absurdity possess the right to carry the mail, while the United States might possess the right to designate the post-offices, at which it should be opened, and provide the proper officers; or the converse powers might belong to each. The power of establishing post roads must, in every view, be a harmless power . May the national government be compelled to take the most inconvenient and indirect routes for the mail?25 In other words, have the states a power to say, how, and upon what roads the mails shall, and shall not travel? App. 265. Whatever is absolutely necessary to the accomplishment of the object of the grant, though not specified, may fairly be considered as included in it. The grounds of the former opinion seem to be as follows. It never entered into the heads of the wise men of those days, that they possessed a power to create post-offices, without the power to create all the other things necessary to make post-offices of some human use. In practice, the post offices of these days did not generally deliver mail to households or businesses directly, but only from post office to post office. Suppose a mail-road is out of repair and founderous, cannot congress authorize the repair of it? There is, in Bioren and Duanes Edition of the Law of the United States, (Vol. But for a different perspective on the meaning and application of Holmes' language, see United States Postal Service v. Council of Greenburgh Civic Assn's, 453 U.S. 114, 127 n.5 (1981), although there too the Court observed that the postal power may not be used in a manner that abridges freedom of speech or press. 24. If the states can discontinue their roads, why not obstruct them? 1126. Article I, Section 8 of the Constitution gives Congress the power to "establish Post Offices and post Roads." . Amendment XVI authorized Congress to establish a national income tax. It shall for the postmaster general to enter into contracts, for a term not exceeding four years, for extending the line of posts, and to authorize the persons, so contracting, as a compensation for their expenses, to receive during the continuance of such contracts, at rates not exceeding those for like distances, established by this act, all But surely it will not be pretended, that congress could not erect a fort, or magazine, in a place within a state, unless the state should cede the territory. Common sense becomes the guide, and prevents men from dealing with mere logical abstractions. American Almanac, 1830, p. 217; Dr. Liebers Encyc. R. 136, 144, 145. In whatever sense it is applied to post-offices it most be applied in the same sense to post-roads. In every other part, where horses alone are used, if other people pass them on horseback, surely the mail carrier can. Yet, even the understanding of establishing post roads became cause for debate: Besides; upon this narrow construction, what becomes of the power itself? The debate on the question was terminated in 1876 by the decision in Kohl v. United States,3 Footnote91 U.S. 367 (1876). Congress never undertook to make any roads, but merely designated those existing roads, on which the mail should pass. And, if a power to construct post-office buildings exists, where is the restraint upon constructing roads? It is probable, that the constitution intended nothing more by this provision, than to enable congress to do by law, without consulting the states, what in Europe can be done only by treaty or compact. 1787: Article 1, Section 8 of the Constitution gives Congress the power "to establish Post Offices and post Roads." Over time, Congress greatly expands this limited role in transportation to include funding highways, urban transit, intercity rail, airports, and many other activities.1790s: Private toll roads start spreading across the states. A new field for legislation and internal government would thus be opened. President Monroes Message, of 4th May, 1822, p. 24 to 27. C) Reserved powers. It becomes, in fact, the very thing, which the other argument supposes to be the natural sense, viz. Besides; why may not congress purchase, or erect a post-office building, and buy the necessary land, if it be in their judgment advisable? 1134. Clause 7: To establish Post Offices and post Roads; Clause 8: To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; Clause 9: To constitute Tribunals inferior to the Supreme Court; The 1792 act reinforced the power of Congress to establish official mail routes. See Act of 18th of October, 1782. 8. There is no one, who will doubt the importance of the best post-road in that direction; (the nearest between the two cities;) and yet it is obvious, that the nation alone can be justly called upon to provide the road. 9, p. 104. They did not dream of post-offices without posts, or mails, or routes, or carriers. See also id. But how can this be made out? Nothing which tends to facilitate the intercourse between the States, can be deemed unworthy of the public care. 1120. In 1981, the Supreme Court in United States Postal Service v. Originally, the postal recipient paid postage. The power to establish post offices and post roads is held at which of the levels of government listed below? So the post office is in the Constitution, but it's not exactly mandated or defined. 1128. We are satisfied, that all of them would answer, that a power was thereby given to congress to fix on the towns, court-houses, and other places, throughout our Union, at which there should be post-offices; the routes, by which the mails should be carried from one post-office to another so as to diffuse intelligence as extensively, and to make the institution as useful, as possible; to fix the postage to be paid on every letter and packet thus carried to support the establishment; and to protect the post-offices and mails from robbery, by punishing those, who should commit the offence. He expressed the fear that if Congress might determine what papers were incendiary, and as such prohibit their circulation through the mail, it might also determine what were not incendiary and enforce their circulation.7 FootnoteCong. And here, if ever, the rule of interpretation, which requires us to look at the nature of the instrument, and the objects of the power, as a national power, in order to expound its meaning, must come into operation. For an object so simple and so easy in the execution, it would, doubtless, excite surprise if it should be thought proper to appoint commissioners to lay off the country on a great scheme of improvement, with the power to shorten distances, reduce heights, level mountains, and pave surfaces. They are the offspring of improvement. . 23 Footnote 303 U.S. at 442. New Orleans Saints Fan. As a farther proof upon this subject, the statute book contains many acts passed at various times, during a period of more than twenty years, discontinuing certain post-roads.11 A strong argument is also derivable from the practice of continental Europe, which must be presumed to have been known to the framers of the constitution. It may, therefore, well be deemed a most beneficent power, whose operations can scarcely he applied, except for good, and accomplish in an eminent degree some of the high purposes set forth in the preamble of the constitution, forming a more perfect union, providing for the common defence, and promoting the general welfare. But it may be asked, if such was the intention, why were not all the other terms of the grant transferred with it? Settlements are first made; after which the progress is uniform and simple, extending to objects in regular order, most necessary to the comfort of man; schools, places of public worship, court-houses, and markets; post-offices follow. R. 316, 417. It is no longer a power to designate a thing, or mark out a route; but it is a power to create, and fix every other thing necessary-and appropriate to post-offices. Nay, it is not only not true, that these laws have stopped short of an exposition of the words sufficiently broad to justify the making of roads; but they have included exercises of power far more remote from the immediate objects. 16114) (C.C.N.D. 9. 9, p. 103, 104. The power of congress over the road would be limited to the mere right of passage and preservation. If congress should lay out and construct a post-road in a state, it would still be a road within the ordinary territorial jurisdiction of the state. With more than 34,000 retail locations and one . By the act of 21st of April, 1806, (ch. One maintains, that the power to establish post-offices and post-roads can intend no more, than the power to direct, where post-offices shall be kept, and on what roads the mails shall be carried.8 Or, as it has been on other occasions expressed, the power to establish post-roads is a power to designate, or point out, what roads shall be mail-roads, and the right of passage or way along them, when so designated.9 The other maintains, that although these modes of exercising the power are perfectly constitutional; yet they are not the whole of the power, and do not exhaust it. iii. . 14 Footnote 229 U.S. at 316. Is not a power to establish courts a power to create, and make, and regulate them? If resort be had to a very strict and critical examination of the words, the power to establish post-offices imports no more, than the power to create the offices intended; that done, the power is exhausted; and the words are satisfied. ad verb. The Continental Congress began creating post roads during the revolutionary war. The general course has been to designate merely the towns, between which the mails shall be carried, without ascertaining the particular roads at all. Such, too, is the uniform progress of all societies. 151, 169 (1845). Congress shall have powerto establish post offices and post roads . Professor Malkins introductory Lecture on History, before the London University, in March, 1830, he states, (p. 14,) It is understood, that in England the first mode adopted for a proper and regular conveyance of letters was in 1649, weekly, and on horseback to every part of the kingdom. Select one: A. state B. local C.parish If they can, why then not make it originally? The Post Office has the constitutional authority to designate mail routes. Is the power of the general government to be paralyzed? The latter power may not exist at all; even if the former should be unquestionable. It is not doubted, that the power has been properly carried into effect, by making certain state roads post-roads. "They want $3.5 billion for something that will turn out to be fraudulent, that's election money . A turnpike company may be authorized to make a road; and yet may have no jurisdiction, or at least no exclusive jurisdiction over it. at 126. 14. . 1143. The 1792 law provided for a greatly expanded postal network and served editors by charging newspapers an extremely low rate. There can be no motive to use the power, except for the public good; and circumstances may render it indispensable to carry it out in particular cases to its full limits. So the post office has the constitutional authority to designate mail routes be as.! Exists, where is the uniform progress of all societies Court transformed these reservations into a holding Lamont... Article I, Section 8, Clause 7 it supposes a power to establish a national income.... 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