{"id":30998,"date":"2022-07-29T13:40:37","date_gmt":"2022-07-29T18:40:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/constitution\/article1\/annotation38.html"},"modified":"2022-07-29T13:40:37","modified_gmt":"2022-07-29T18:40:37","slug":"annotation38","status":"publish","type":"constitution","link":"https:\/\/constitution.findlaw.com\/article1\/annotation38.html","title":{"rendered":"Understanding the Constitution’s Postal Clause"},"content":{"rendered":"\n
\n \n
\n

Understanding the Constitution's Postal Clause<\/h1>\n
\n
\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Edward Maggio, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

\n

Congress has used the Postal Clause to help shape and develop our modern postal system. Although the Clause gives Congress the power to establish post offices and postal roads, the Supreme Court has recognized implied powers in this Clause, such as protecting the mail. The Postal Reorganization Act of 1970 created an independent agency to manage the newly formed United States Postal System.<\/p>\n\n <\/div>\n\n

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.<\/p>\r\n

However, few of us learn the unique history behind this centuries-old American institution. For example, our modern USPS replaced the U.S. Post Office Department, a cabinet-level department of the executive branch.<\/p>\r\n

Article I, Section 8, Clause 7 of the United States Constitution gave Congress exclusive power to establish the postal system. It states:<\/p>\r\n

\u201c[The Congress shall have Power . . . ] To establish Post Offices and post Roads;…\u201d<\/i><\/p>\r\n

The Framers’ understanding of postal services was influenced by their experiences with the British postal system. Terms like posts, post roads, postmaster, and post offices were adopted from it. The practice of using postal authority to collect intelligence on citizens also began with the British, where officials would inspect the public’s mail to uncover conspiracies or plans against the government.<\/p>\r\n

Historical Context<\/b><\/h2>\r\n

The British imported their postal system to Colonial America in 1692, when they appointed a postmaster for the colonies. It was a division of the postal system for the entire British Empire, including Wales, Scotland, and Ireland. In the 17th and 18th centuries, the British established "post roads."  However, the term \u201cpost roads\u201d had less to do with actual mail than it did with the posts found along these designated roads.<\/p>\r\n

Posts were different from post offices. During the 18th century, posts were stations where postal workers collected and delivered mail. They also exchanged tired horses and collected tolls. By contrast, post offices or postal facilities often included inns, leased horses, and published newspapers. In fact, Benjamin Franklin, young America’s first Postmaster General<\/a>, built his fortune as a publisher through his pre-Revolution appointment as Philadelphia’s postmaster. <\/p>\r\n

Franklin contributed to the creation of the USPS by serving on a Second Continental Congress committee dedicated to forming an independent national postal system. He was then appointed as the United States Postmaster General by Congress on July 26, 1775. Although the Articles of Confederation included a clause for establishing a federal post office, it took the founding fathers several years to implement it. <\/p>\r\n

Analysis and Interpretation <\/b><\/h2>\r\n

Today, we enjoy a robust postal system because Congress had the enumerated powers to establish post offices and post roads.  Over the past 235 years, the U.S. Supreme Court has helped shape our understanding of the postal clause.<\/p>\r\n

In Searight v. Stokes<\/i><\/a>,<\/i> the Supreme Court confirmed that Congress was charged with transporting mail based on the Postal Clause. This duty gave Congress the authority to enter into an agreement with the State of Pennsylvania to use and maintain a state road. <\/p>\r\n

The Court confirmed this right in Kohl v. United States.<\/i><\/a> In Kohl<\/i>, the federal government passed an Act explicitly giving them the power to purchase land in Cincinnati to accommodate federal buildings. The Court noted Congress’s power to establish post offices and other federal buildings, like courthouses. <\/p>\r\n

Arguably, the postal clause does not give Congress expansive postal powers.  However, over the past 235 years, the Supreme Court has found many powers of Congress are implied by the Postal Clause. These powers, as identified in Ex-Parte Jackson<\/i>,<\/a> include, but are not limited to, the following: <\/p>\r\n