Postal Clause - wikipedia Postal Clause This article is part of a series on the Constitution of the United States of America Preamble and Articles of the Constitution Preamble II III IV V VI VII Amendments to the Constitution Bill of Rights II III IV V VI VII VIII IX X XI XII XIII XIV XV XVI XVII XVIII XIX XX XXI XXII XXIII XXIV XXV XXVI XXVII Unratified Amendments Congressional Apportionment Titles of Nobility Corwin Child Labor Equal Rights D.C. Voting Rights History Drafting and ratification timeline Convention Signing Federalism Republicanism Full text of the Constitution and Amendments Preamble and Articles I -- VII Amendments I -- X Amendments XI -- XXVII Unratified Amendments United States portal U.S. Government portal Law portal Wikipedia book This article 's lead section does not adequately summarize key points of its contents. Please consider expanding the lead to provide an accessible overview of all important aspects of the article. Please discuss this issue on the article 's talk page. ( January 2015 ) Article I, Section 8, Clause 7 of the United States Constitution, known as the Postal Clause or the Postal Power, empowers Congress `` To establish Post Offices and post Roads ''. Contents 1 History 2 Interpretation 3 See also 4 References 5 External links History The Postal Clause was added to the Constitution to facilitate interstate communication as well as to create a source of revenue for the early United States. There were some early disagreements as to the boundaries of the Postal Power. John Jay, in a letter to George Washington, opined that the postal service should not be burdened with the responsibility for handling newspaper delivery, and also suggested that the Post Office be placed under the supervision of the executive branch ( a suggestion which later led to the creation of the Post Office Department ). Thomas Jefferson feared that the postal service would become a source of patronage 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 a state responsibility. Interpretation The Clause has been construed to give Congress the enumerated power to designate mail routes and construct or designate post offices, with the implied authority to carry, deliver, and regulate the mails 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 the Postmaster General. The U.S. Supreme Court construed the power narrowly during the early part of the 19th century, holding that the power consisted mostly of designation of roads and sites, but gradually gave way later on, allowing appropriation of land for postal purposes. The Postal Power also includes the power to designate certain materials as non-mailable, and to pass statutes criminalizing abuses of the postal system ( such as mail fraud and armed robbery of post offices ). This power has been used by Congress and the Postmaster General to exclude obscene materials from the mails, beginning with an act in 1872 to ban lottery circulars from the mails, as well as the Comstock laws in 1873. These attempts at limiting the content of the mails were upheld by the Supreme Court, but in the 20th century, the Court took a more assertive approach in striking down postal laws which limited free expression, particularly as it related to political materials. The First Amendment thus provided a check on the Postal Power. See also United States Postal Service United States Postmaster General References Jump up ^ https://www.archives.gov/exhibits/charters/constitution_transcript.html Jump up ^ Records of the Federal Convention Jump up ^ Commentaries on Blackstone by St. George Tucker Jump up ^ Letter from John Jay to George Washington, 21 September 1788 Jump up ^ Letter from Thomas Jefferson to James Madison, 6 March 1796 Jump up ^ Minutes of House of Representatives debate on the Post Office Bill, 6 December 1791 ^ Jump up to : Analysis and Interpretation of the U.S. Constitution, from the Congressional Research Service of the Library of Congress ( hosted by Justia.com ) ^ Jump up to : Hall, Kermit L. ed. The Oxford Companion to the Supreme Court of the United States, Second Edition. Oxford University Press, 2005. ISBN 0 - 19 - 511883 - 9 pp. 765 - 766. External links Resources on the Postal Clause, from The Founder 's Constitution project at the University of Chicago United States Postal Service Organizations American Letter Mail Company American Postal Workers Union Board of Governors of the United States Postal Service Bureau of Transportation Citizens ' Stamp Advisory Committee National Alliance of Postal and Federal Employees National Association of Letter Carriers National Association of Presort Mailers National Postal Mail Handlers Union National Rural Letter Carriers ' Association Postal Regulatory Commission Postal Transportation Service PostalWatch Incorporated United States Postal Inspection Service United States Postal Service Office of Inspector General Systems Address Management System Advanced Facer - Canceler System Coding Accuracy Support System Flats Sequencing System Locatable Address Conversion System United States Postal Savings System Services Click - N - Ship Express mail in the United States National Change Of Address Permit mail Permit Reply Mail Postal notes Railway Mail Service Registered mail Special Delivery Special handling Facilities Air Mail Facility Boat Railway Post Office Community post office Dead letter office Highway Post Office J.W. Westcott II List of United States Post Offices National Postal Museum Network Distribution Center Railway mail service library Red Brick Roads Sectional center facility Streetcar Railway Post Office Terminal Railway Post Office Legal Comstock laws Post Office Act Postal Reorganization Act Postal Service Act Private Express Statutes Rural Post `` Good '' Roads Act of 1916 Title 39 of the United States Code Related Airmails of the United States CAR - RT SORT Catcher pouch Cimarron Redoubt Domestic Mail Manual Facing Identification Mark Flats Grumman LLV Information - Based Indicia The Inspectors Intelligent Mail barcode Label 228 List of postal killings List of U.S. state abbreviations List of United States airmail stamps Mail bag Mail cover Mail hook Mail Isolation Control and Tracking Mail jumping Mail pouch Mail sack Mail satchel The Mail Story Nixie ORM - D Owney ( dog ) Pony Express mochila Postage stamps and postal history of the United States Postal Alpha Numeric Encoding Technique Postal Clause Postal worker Postmaster General Prohibitory Order Remote Bar Coding System Rural Free Delivery Rural letter carrier STD - 4C United States post office murals List of murals USPS Post Office Box Lobby Recycling program United States Postal Service creed United States Constitution Text ( via Wikisource ) Preamble and Articles I -- VII Amendments 1 -- 10 Amendments 11 -- 27 Unsuccessful Proposed Amendments Debates in State Conventions on the Adoption of the Constitution Preamble and articles Preamble II III IV V VI VII Amendments Ratified Bill of Rights 5 6 7 8 9 10 Others 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Pending Congressional Apportionment Titles of Nobility Corwin Amendment Child Labor Repealed Eighteenth Amendment Unsuccessful Equal Rights District of Columbia Voting Rights List of Amendments Bill of Rights ( Amendments 1 -- 10 ) Reconstruction Amendments ( Amendments 13 -- 15 ) Amendment proposals in Congress Convention to propose amendments State ratifying conventions Formation History Articles of Confederation Mount Vernon Conference Annapolis Convention Philadelphia Convention Virginia Plan New Jersey Plan Connecticut Compromise Three - Fifths Compromise Committee of Detail Signing Independence Hall Syng inkstand The Federalist Papers Anti-Federalist Papers Massachusetts Compromise Virginia Ratifying Convention Hillsborough Convention Rhode Island ratification Drafting and ratification timeline Clauses Appointments Appropriations Assistance of Counsel Bill of credit Case or Controversy Citizenship Commerce Compact Compulsory Process Confrontation Contract Copyright and Patent Double Jeopardy Due Process Equal Protection Establishment Exceptions Excessive Bail Ex post facto Extradition Free Exercise Free Speech Fugitive Slave Full Faith and Credit General Welfare Guarantee Impeachment Import - Export Ineligibility Militia Natural - born citizen Necessary and Proper New States No Religious Test Oath or Affirmation Origination Petition Postal Presentment Privileges and Immunities Privileges or Immunities Recommendation Self - Incrimination Speech or Debate Speedy Trial State of the Union Supremacy Suspension Take Care Takings Taxing and Spending Territorial Title of Nobility Treaty Trial by Jury Vesting Vicinage War Powers List of clauses Interpretation Concurrent powers Congressional enforcement Constitutional law Criminal procedure Criminal sentencing Dormant Commerce Clause Enumerated powers Equal footing Executive privilege Incorporation of the Bill of Rights Judicial review Nondelegation doctrine Preemption Saxbe fix Separation of church and state Separation of powers Taxation power Unitary executive theory Display and legacy National Archives Charters of Freedom Rotunda Independence Mall Constitution Day Constitution Gardens National Constitution Center Scene at the Signing of the Constitution ( painting ) A More Perfect Union ( film ) Worldwide influence US Government Portal Law Portal Wikipedia book Retrieved from `` https://en.wikipedia.org/w/index.php?title=Postal_Clause&oldid=799551336 '' Categories : Clauses of the United States Constitution United States Postal Service Legislative branch of the United States government Legal history of the United States Hidden categories : Wikipedia introduction cleanup from January 2015 All pages needing cleanup Articles covered by WikiProject Wikify from January 2015 All articles covered by WikiProject Wikify Talk Contents About Wikipedia Add links This page was last edited on 8 September 2017, at 11 : 56. 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Question: who has the power to establish post offices
Answer: Congress