The Postal Power of Congress

This study examines the growth of federal postal powers from the 1790s, when people were uncertain about the government's ability to more than carry the mail over existing roads, to the early 1900s, when the government started claiming the right to acquire the nation's railway system under the postal clause. Though confined to one subject, this study raises several valuable facts regarding the relationship between the states and the federal government and the use of legislation to manage social needs. The goal of this work is to outline the legislative and judicial history of the grant to Congress of the power "to establish post offices and postroads," and to talk about the constitutionality of the proposals that, under this clause, federal control may be extended to matters over which Congress has no immediate authority. The essay is thus one in constitutional expansion and does not think about the history or efficiency of the post office as an administrative constituent of the government. Content includes: Introductory: The Antecedents of the Power The Power of Congress to Establish Postoffices The Power of Congress to Establish Postroads Limitations on the Postal Power The Power of the States to Interfere with the Mails The Extension of Federal Control Over Postroads The Extension of Federal Control Through Exclusion From the Mails