The Postal Power of Congress: A Study in Constitutional Expansion |
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Page 43
... decision , 72 however , was overruled when Congress extended the provisions of the Act of 1827 to all postroutes already , or thereafter established , and in 18727 declared letter carrier routes within cities " post- roads . " 75 69 4 ...
... decision , 72 however , was overruled when Congress extended the provisions of the Act of 1827 to all postroutes already , or thereafter established , and in 18727 declared letter carrier routes within cities " post- roads . " 75 69 4 ...
Page 51
... decision was reversed by the authorities at Washington . See N. Y. Sun , October 31 , 1914 . 105 See below , p . 158 ff . 106 Schroeder , Free Press Anthology , p . 171. See also his " Ob- scene " Literature and Constitutional Law . In ...
... decision was reversed by the authorities at Washington . See N. Y. Sun , October 31 , 1914 . 105 See below , p . 158 ff . 106 Schroeder , Free Press Anthology , p . 171. See also his " Ob- scene " Literature and Constitutional Law . In ...
Page 57
... decision of 66 122 Public Clearing House v . Coyne , 194 U. S. 497 ( 1904 ) . 123 See Brinton , Some Powers and Problems of the Federal Ad- ministrative , " University of Pennsylvania Law Review , January , 1913 , reprinted as 62d Cong ...
... decision of 66 122 Public Clearing House v . Coyne , 194 U. S. 497 ( 1904 ) . 123 See Brinton , Some Powers and Problems of the Federal Ad- ministrative , " University of Pennsylvania Law Review , January , 1913 , reprinted as 62d Cong ...
Page 58
... decision thereon is conclusive ; and that even upon mixed questions of law and fact , or of law alone , his action will carry with it a strong presumption of its correctness and the courts will not ordinarily review it , although they ...
... decision thereon is conclusive ; and that even upon mixed questions of law and fact , or of law alone , his action will carry with it a strong presumption of its correctness and the courts will not ordinarily review it , although they ...
Page 88
... decision the Court could well have entered upon a discussion of the power of Congress in the premises . But Chief Justice Taney , who delivered the opinion , was at pains to point out , " that the constitu- tional power of the general ...
... decision the Court could well have entered upon a discussion of the power of Congress in the premises . But Chief Justice Taney , who delivered the opinion , was at pains to point out , " that the constitu- tional power of the general ...
Common terms and phrases
15th Congress abridgment Act of March amendment Articles of Confederation authority bill Calhoun carriage carrier carrying the mail character circulation citizens commerce clause Committee common carrier common law Cong congressional consent Constitution construction Continental Congress crime Cumberland Road declared denied duty eminent domain establish postoffices establish postroads Ex parte Jackson exclude exercise federal government freedom grant gress held Ibid incendiary interstate commerce jurisdiction legislation letters libel liberty limits lottery tickets mail carrier mail matter ment necessary newspapers objection obscene obstruction offence opinion papers passed penalties persons police postal clause postal facilities Postal Laws postal power postmaster postoffices and postroads power of Congress power to establish prohibit proposed Pujo Pujo Committee punish purpose question railroad Regulations of 1913 Senate Stat statute Supreme Court telegraph tion tolls transportation ultra vires United unlawful violation Webb-Kenyon Act
Popular passages
Page 46 - The entire strength of the nation may be used to enforce in any part of the land the full and free exercise of all national powers and the security of all rights entrusted by the Constitution to its care.
Page 177 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety has no roal or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.
Page 32 - ... the faith of the United States is solemnly pledged to the payment in coin, or its equivalent of all the obligations of the United States...
Page 30 - ... inches in length and girth combined, nor in form or kind likely to injure the person of any postal employee or damage the mail equipment or other mail matter and not of a character perishable within a period reasonably required for transportation and deliyery.
Page 105 - I must also invite your attention to the painful excitement produced in the South by attempts to circulate through the mails inflammatory appeals addressed to the passions of the slaves, in prints and in various sorts of publications, calculated to stimulate them to insurrection and to produce all the horrors of a servile war.
Page 91 - And the better to accomplish the object of this act, namely, to promote the public interest and welfare by the construction of said railroad and telegraph line, and keeping the same in working order, and to secure to the Government at all times (but particularly in time of war) the use and benefits of the same for postal, military and other purposes, Congress may, at any time, having due regard for the rights of said companies named herein, add to, alter, amend, or repeal this act.
Page 155 - The powers thus granted are not confined to the instrumentalities of commerce or the postal service known or in use when the Constitution was adopted, but they keep pace with the progress of the country and adapt themselves to the new developments of time and circumstances.
Page 53 - Experience has shown that the common forms of gambling are comparatively innocuous when placed in contrast with the widespread pestilence of lotteries. The former are confined to a few persons and places, but the latter infests the whole community; it enters^ every dwelling; it reaches every class; it preys upon the hard earnings of the poor; it plunders the ignorant and simple.
Page 45 - That, if any person shall, knowingly and wilfully, obstruct or retard the passage of the mail, or of any driver or carrier, or of any horse or carriage, carrying the same, he shall, upon conviction, for every such offence, pay a fine not exceeding one hundred dollars...
Page 50 - I think the test of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences, and into whose hands a publication of this sort may fall.