The Postal Clause was added to the Constitution tofacilitate interstate communication as well as to create a source of revenue for the early United States.[3][4] There were some early disagreements as to the boundaries of the postal power.John Jay, in a letter toGeorge Washington, opined that the postal service should not be burdened with the responsibility for handlingnewspaper delivery, and also suggested that the Post Office be placed under the supervision of theexecutive branch (a suggestion which later led to the creation of thePost Office Department).[5]Thomas Jefferson feared that the postal service would become a source ofpatronage and a waste of money. Jefferson also expressed doubt at granting Congress the power to designate post roads, as he considered road building to be astate responsibility.[6]
The clause has been construed to give Congress theenumerated power to designatemail routes and construct or designatepost offices, with theimplied authority to carry, deliver, and regulate the mail of the United States as a whole. An early controversy was whether Congress had the power to actually build post roads and post offices, or merely designate which lands and roads were to be used for this purpose, and to what extent that power could be delegated to thePostmaster General.[7] TheU.S. Supreme Court construed the power narrowly during the early part of the 19th century, holding that the power consisted mostly for the designation of roads and sites, but gradually gave way later on allowing appropriation of land for postal purposes, culminating inKohl v. United States (1876).[8]
The postal clause has also been interpreted to authorizestatutes designating certain materials as non-mailable and criminalizing abuses of the postal system (such asmail fraud andarmed robbery of post offices).[9] This power has been used by Congress and the Postmaster General to proscribeobscene materials from the mail, beginning with an act to banlottery circulars in 1872 and theComstock laws in 1873.[10][9] These attempts at limiting the content of the mail were upheld by the Supreme Court, but in the 20th century, the court took a more assertive approach in striking down postal laws which limitedfree expression, particularly as it related to political materials.[10][9] The court construed theFirst Amendment as providing a check on the postal power.[10]
– viathe Internet Archive.