The Postal Power of Congress: A Study in Constitutional Expansion |
From inside the book
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Page 11
... questions were to come only with the development of society . The maintenance of postal facilities has always been a recognized function of the state , and this was true even in early Rome . In England , the sixteenth century saw the ...
... questions were to come only with the development of society . The maintenance of postal facilities has always been a recognized function of the state , and this was true even in early Rome . In England , the sixteenth century saw the ...
Page 14
... question of war policy rather than of the unrestricted exercise of a govern- mental function which inspired the motion that the parlia- mentary posts be stopped . Richard Henry Lee , for ex- ample , argued that " the Ministry are ...
... question of war policy rather than of the unrestricted exercise of a govern- mental function which inspired the motion that the parlia- mentary posts be stopped . Richard Henry Lee , for ex- ample , argued that " the Ministry are ...
Page 24
... question , however , was limited to the single case of canals , and when put to a vote was defeated , because there was an antipathy to monopolies , and because , as Gouverneur Morris admitted , " It was extremely doubtful whether the ...
... question , however , was limited to the single case of canals , and when put to a vote was defeated , because there was an antipathy to monopolies , and because , as Gouverneur Morris admitted , " It was extremely doubtful whether the ...
Page 32
... question was not discussed . Some doubt , however , has since been expressed as to the power of Congress to establish a system of postal savings banks . These were , according to the title of the act , to hold " savings at interest with ...
... question was not discussed . Some doubt , however , has since been expressed as to the power of Congress to establish a system of postal savings banks . These were , according to the title of the act , to hold " savings at interest with ...
Page 41
... questions that the courts have been called upon to determine . 68 Nor has there been any dispute as to the power of Con- gress to establish a monopoly by forbidding private postal enterprises . As was pointed out in an early case , " No ...
... questions that the courts have been called upon to determine . 68 Nor has there been any dispute as to the power of Con- gress to establish a monopoly by forbidding private postal enterprises . As was pointed out in an early case , " No ...
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.