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. In the pioneer case of Ex parte Jackson, 9 Footnote 96 U.S.
#Postal 2corrupt series#
In 1872, Congress passed the first of a series of acts to exclude from the mails publications designed to defraud the public or corrupt its morals. Power to Prevent Harmful Use of the Postal Facilities 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. 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. Calhoun resisted this recommendation, taking the position that it belonged to the States and not to Congress to determine what is and what is not calculated to disturb their security. Prompted by the efforts of Northern anti-slavery elements to disseminate their propaganda in the Southern states through the mails, President Jackson, in his annual message to Congress in 1835, suggested “the propriety of passing such a law as will prohibit, under severe penalties, the circulation in the Southern States, through the mail, of incendiary publications intended to instigate the slaves to insurrection.” In the Senate, John C. 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.
This principle was recognized by the Supreme Court in 1845 in holding that wagons carrying United States mail were not subject to a state toll tax imposed for use of the Cumberland Road pursuant to a compact with the United States. And not only are the mails under the protection of the National Government, they are in contemplation of law its property. 114 (1981), in which the Court sustained the constitutionality of a law making it unlawful for persons to use, without payment of a fee (postage), a letterbox which has been designated an “authorized depository” of the mail by the Postal Service. Council of Greenburgh Civic Assn's, 453 U.S. The postal powers of Congress embrace all measures necessary to insure the safe and speedy transit and prompt delivery of the mails. sustaining a proceeding by the United States to appropriate a parcel of land in Cincinnati as a site for a post office and courthouse. The debate on the question was terminated in 1876 by the decision in Kohl v.
with the transportation of the mails,” Congress could enter a valid compact with the State of Pennsylvania regarding the use and upkeep of the portion of the road lying in the state.
A decade earlier, however, the Court, without passing upon the validity of the original construction of the Cumberland Road, held that being “charged. The great question raised in the early days with reference to the postal clause concerned the meaning to be given to the word “establish” -did it confer upon Congress the power to construct post offices and post roads, or only the power to designate from existing places and routes those that should serve as post offices and post roads? As late as 1855, Justice McLean stated that this power “has generally been considered as exhausted in the designation of roads on which the mails are to be transported,” and concluded that neither under the commerce power nor the power to establish post roads could Congress construct a bridge over a navigable water. To establish Post Offices and post Roads.
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