to establish post offices and post roads

Resort has been constantly had to the more expanded sense of the word establish; and no other sense can include the objects, which the post-office laws have constantly included. 1119. 686 (No. The latter is not doubted by any persons; why then is the former? Whatever is absolutely necessary to the accomplishment of the object of the grant, though not specified, may fairly be considered as included in it. In the pioneer case of Ex parte Jackson,9 Footnote96 U.S. 727 (1878). How to use establish in a sentence. p. 24, note. To induce compliance with the regulatory requirements of that act, Congress denied the privilege of using the mails for any purpose to holding companies that failed to obey that law, irrespective of the character of the material to be carried. Milwaukee Social Democratic Pub. Nothing which tends to facilitate the intercourse between the States, can be deemed unworthy of the public care. . See also Blount v. Rizzi, 400 U.S. 410, 416 (1971) (quoting same language). Ill. 1855), Searight v. Stokes, 44 U.S. (3 How.) C) Reserved powers. App. Co. v. Burleson. It was based on the Constitutional authority empowering Congress "To establish post offices and post roads". The power, says the Federalist, of establishing post-roads must, in every view, be a harmless power; and may, perhaps, by judicious management, become productive of great public conveniency. American Almanac, 1830, p. 217; Dr. Liebers Encyc. Mail routes between New York and Boston took shape in the late seventeenth century. Where is the power given to acquire it? In war it is, if possible, still more important and useful, communicating intelligence vital to the movements of armies and navies, and the operations and duties of warfare, with a rapidity, which, if it does not always ensure victory, at least, in many instances, guards against defeat and ruin. But where the population is sparse, and on cross roads, it is generally carried on horseback. 9, p. 103, 104. Ill. 1855). But passing by considerations of this nature, why does not the power to establish post-offices and post-roads include the power to make and construct them, when wanted, as well as the power to establish a navy-hospital, or a custom-house, a power to make and construct them? Aware of the difficulties attendant upon this extremely strict construction, another has been attempted, which is more liberal, but which it has been thought (as will be hereafter seen) to surrender the substance of the argument. If the power of congress is merely to select or designate the mail-roads, what interest in the use is acquired by the national government any more, than by any travellers upon the road? This is based on an interview at Fox Business with Maria Bartiromo, as cited in more detail at CNN. The clear import of the word is, to create, and form, and fix in a settled manner. B) Implied powers. Roads may, indeed, be said to he coeval with settlements. R. 316, 417. It is the only delivery service that reaches every address within the United States, which is approximately 155 million residences, businesses and Post Office Boxes. New Orleans Saints Fan. In Article I, Section 8, Congress is given the right "to establish Post Offices and Post Roads." Now, nearly 230 years later, the United States Postal Service remains an invaluable independent agency of the federal governmentand the subject of one particularly note-worthy museum. And from this implied power has been again inferred the right to punish those, who steal letters from the post-office, or rob the mail. If they can, why then not make it originally? The Postal Service has delivered mail in the United States since the beginning of the country. At the adoption of the constitution there is not the slightest evidence, that a different arrangement, as to the limits of the power, was contemplated. A much broader power of exclusion was asserted in the Public Utility Holding Company Act of 1935.21 Footnote 49 Stat. There are about 2,500 companies that construct toll . D) Concurrent powers. Select one: A. state B. local C.parish The national government is that alone, which can safely or effectually execute it, with equal promptitude and cheapness, certainty and uniformity. If congress should lay out and construct a post-road in a state, it would still be a road within the ordinary territorial jurisdiction of the state. 8. From all of which it is manifest, that the legislature supposed, that they had established post-roads in the sense of the constitution, when they declared certain roads, then in existence, to be post-roads, and designated the routes, along which the mails were to pass. 9, p. 104. Milwaukee Social Democratic Pub. And when the fledgling United States adopted the Constitution in 1783, the document called for Congress "to establish post offices and post roads" but was silent on any other services. They are the offspring of improvement. The act of 1782 directed, that a mail should be carried at least once in every week to and from each stated post-office. It is incredible, that such solicitude should have been expressed for such inconsiderable spots, and yet, that at the same time, the constitution intended to convey by implication the power to construct roads throughout the whole country, with the consequent right to use the timber and soil, and to exercise jurisdiction over them. But the argument would have it, that, because this exercise of the power, clearly within its scope, has been hitherto restrained to making existing roads post-roads, therefore congress cannot proceed constitutionally to make a post-road, where no road now exists. 1127. In the latter, the words to establish post-roads are not to be found. A new field for legislation and internal government would thus be opened. President Monroes Message, of 4th May, 1822, p. 24 to 27. Article One, Section Eight charges Congress with the power "to establish Post Offices and Post Roads," and . 16. 19,) to regulate the laying out and making a road from Cumberland, in the state of Maryland, to the state of Ohio. Both of these acts were passed in the administration of President Jefferson, who, it is well known, on other occasions maintained a strict construction of the constitution. Power to Protect the Mails. It delivers Social Security checks to seniors who rely on those benefits to survive," former Democratic. Does not this authorize congress to make, create, form, and construct laws on these subjects? One maintains, that the power to establish post-offices and post-roads can intend no more, than the power to direct, where post-offices shall be kept, and on what roads the mails shall be carried.8 Or, as it has been on other occasions expressed, the power to establish post-roads is a power to designate, or point out, what roads shall be mail-roads, and the right of passage or way along them, when so designated.9 The other maintains, that although these modes of exercising the power are perfectly constitutional; yet they are not the whole of the power, and do not exhaust it. 1136. 16114) (C.C.N.D. Restrictions on State Power. 42. Now, if an office does not already exist at the place, how can it be designated, as a post-office? Besides; upon this narrow construction, what becomes of the power itself? If, then, the states may alter or discontinue their roads, or suffer them to go out of repair, is it not obvious, that the power to carry the mails may be retarded or defeated in a great measure by this constitutional exercise of state power? 1137. . Congress has vested in the Postal Service . The supposed silence of the Federalist26 proves nothing. But how can this be made out? The same remark applies to the act of 29th of March, 1806, (ch. Can it be pretended, that a state may not discontinue a road, after it has been once established, as a mail-road? Under any other interpretation, the power itself would become a mere nullity. . Without any invidious distinction, it may be stated, that the winter mail-route between Philadelphia, and Baltimore, and Washington, by the way of the Susquehannah and Havre de Grace, has been before congress under this very aspect. Article I, Section 8 of the Constitution gives Congress the power to "establish Post Offices and post Roads." . 4 Elliots Debates, 354. These words were certainly added for some purpose. But if it had, it is favourable to the power. United States Postal Service v. Council of Greenburgh Civic Assn's. They did not dream of post-offices without posts, or mails, or routes, or carriers. See also id. It would be a most truly alarming inroad upon state sovereignty to declare, that a state-road could never be altered or discontinued after it had once become a mail-road. A state might, therefore, establish a post-road, or post-office, on any route, where congress had not established any.28 On the other hand, another learned commentator is of opinion, that the power is exclusive in congress, so far as relates to the conveyance of letters, etc.29 It is highly improbable, that any state will attempt any exercise of the power, considering the difficulty of carrying it into effect, without the co-operation of congress. 4. At . . When the Constitution was ratified in 1789, the Postal Clause in Article I, Section 8 gave Congress the power "To establish Post Offices and post Roads" and "To make all Laws which shall be necessary and proper" for executing this task. This is not about whether there should be a USPS; it is about the fact . In Article I, Section 8, the Constitution gave Congress the ability "To establish Post Offices and post Roads." That means it not only does Congress have the power to create a postal system, it had the ability to acquire and control the land for the "post roads" to carry the mail and the buildings needed to maintain the system. It is no longer a power to designate a thing, or mark out a route; but it is a power to create, and fix every other thing necessary-and appropriate to post-offices. Letter carriers first appeared in cities in 1794. Is it not rather . Between the great towns, and in other places, where the population is dense, stages are preferred, because they afford an additional opportunity to make a profit from passengers. Already the post-office establishment realizes a revenue exceeding two millions of dollars, from which it defrays all its own expenses, and transmits mails in various directions over more than one hundred and twenty thousand miles. 24. 6. When the U.S. Constitution was ratified in 1789, Article I, Section 8, Clause 7 gave Congress the ability to "establish post offices and post roads." In 1792, President George Washington . 1129. - Constitution of the United States, Article I, Section 8, Clause 7. Professor Malkins introductory Lecture on History, before the London University, in March, 1830, he states, (p. 14,) It is understood, that in England the first mode adopted for a proper and regular conveyance of letters was in 1649, weekly, and on horseback to every part of the kingdom. The power of congress over the road would be limited to the mere right of passage and preservation. This conclusion is confirmed by the object of the grant and the manner of its execution. Notice, too, that first-class mail is protected against opening and inspection, except in accordance with the Fourth Amendment. There can be no motive to use the power, except for the public good; and circumstances may render it indispensable to carry it out in particular cases to its full limits. Under the confederation, (art. 27 F. Cas. The power to appropriate federal funds is known as the . Besides; why may not congress purchase, or erect a post-office building, and buy the necessary land, if it be in their judgment advisable? A state might without absurdity possess the right to carry the mail, while the United States might possess the right to designate the post-offices, at which it should be opened, and provide the proper officers; or the converse powers might belong to each. If you cannot create a post-office, you can do no more, than mark out one already existing. Postal Service v. Council of Greenburgh Civic Assn 's mark out one already existing any interpretation. P. 217 ; Dr. Liebers Encyc than mark out one already existing the manner of its execution they can why! 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