DOCSLIB.ORG

The Original Meaning of the Constitution's Postal Clause

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Original Meaning of the Constitution's Postal Clause Birmingham City School of Law British Journal of British Journal of American Legal Studies | Volume 7 Issue 1 7 Issue Legal Studies | Volume British Journal of American American Legal Studies Volume 7 Issue 1 Spring 2018 ARTICLES Founding-Era Socialism: The Original Meaning of the Constitution’s Postal Clause Robert G. Natelson Toward Natural Born Derivative Citizenship John Vlahoplus Felix Frankfurter and the Law Thomas Halper Fundamental Rights in Early American Case Law: 1789-1859 Nicholas P. Zinos The Holmes Truth: Toward a Pragmatic, Holmes-Influenced Conceptualization of the Nature of Truth Jared Schroeder Acts of State, State Immunity, and Judicial Review in the United States Zia Akthar ISSN 2049-4092 (Print) British Journal of American Legal Studies Editor-in-Chief: Dr Anne Richardson Oakes, Birmingham City University. Associate Editors Dr. Sarah Cooper, Birmingham City University. Dr. Haydn Davies, Birmingham City University. Prof. Julian Killingley, Birmingham City University. Prof. Jon Yorke, Birmingham City University. Seth Barrett Tillman, National University of Ireland, Maynooth. Birmingham City University Student Editorial Assistants 2017-2018 Mercedes Cooling Graduate Editorial Assistants 2017-2018 Amna Nazir Alice Storey Editorial Board Hon. Joseph A. Greenaway Jr., Circuit Judge 3rd Circuit, U.S. Court of Appeals. Hon. Raymond J. McKoski, Circuit Judge (retired), 19th Judicial Circuit Court, IL. Adjunct Professor of Law, The John Marshall Law School, Chicago, IL. Prof. Antonio Aunion, University of Castille-la Mancha. Prof. Francine Banner, Phoenix School of Law, AZ. Prof. Devon W. Carbado, UCLA, CA. Dr. Damian Carney, University of Portsmouth, UK. Dr. Simon Cooper, Reader in Property Law, Oxford Brookes University. Prof. Randall T. Coyne, Frank Elkouri and Edna Asper Elkouri Professor, College of Law, University of Oklahoma, Norman OK. Mark George QC, Garden Court Chambers, Manchester, UK. Prof. Larry Hammond, Osborne Maledon PA, Phoenix AZ. Prof. Carolyn Hoyle, Professor of Criminology, University of Oxford, UK. Prof. James Kousouros, CALS Visiting Professor, NY. Prof. Ian Loveland, City University London, UK. Prof. James Maxeiner, Center for International & Comparative Law, University of Baltimore School of Law, Baltimore, MD. Prof. Ruth Miller, University of Massachusetts, Boston, MA. Dr. Anne-Marie O’Connell, University Toulouse 1 Capitole. Prof. Austin Sarat, William Nelson Cromwell Professor of Jurisprudence & Political Science, Amherst College, MA. Dr. Stephen W. Smith, Cardiff University, UK. Prof. Carrie Sperling, University of Wisconsin Law School. Prof. Clive Stafford Smith, Reprieve. Dr. Timothy Stanley, Rothermere American Institute, University of Oxford, UK. Prof. Adam N. Steinman, Professor of Law & Frank M. Johnson Faculty Scholar, University of Alabama, Tuscaloosa, AL. Prof. Russell Wheeler, The Brookings Institution, Washington DC. British Journal of American Legal Studies Volume 7 Issue 1 Spring 2018 CONTENTS Founding-Era Socialism: The Original Meaning of the Constitution’s Postal Clause Robert G. Natelson ............................................................................................................................................1 Toward Natural Born Derivative Citizenship John Vlahoplus .................................................................................................................................................71 Felix Frankfurter and the Law Thomas Halper .............................................................................................................................................. 115 Fundamental Rights in Early American Case Law: 1789-1859 Nicholas P. Zinos ............................................................................................................................................ 137 The Holmes Truth: Toward a Pragmatic, Holmes-Influenced Conceptualization of the Nature of Truth Jared Schroeder ............................................................................................................................................. 169 Acts of State, State Immunity, and Judicial Review in the United States Zia Akthar ........................................................................................................................................................ 205 Br. J. Am. Leg. Studies 7(1) (2018), DOI: 10.2478/bjals-2018-0001 FOUNDING-ERA SOCIALISM: THE ORIGINAL MEANING OF THE CONSTITUTION’S POSTAL CLAUSE Robert G. Natelson* ABSTRACT The Constitution’s Postal Clause granted Congress power to “establish Post Offices and post Roads.” This Article examines founding-era legal and historical materials to determine the original meaning and scope of the Postal Clause. It concludes that the Clause authorized Congress to pass all legislation necessary to create, operate, and regulate a unified transportation, freight, and courier system, although it also limited congressional authority in some respects. The founding-era reasons for the postal system were revenue, promotion of commerce, and political control. The Article also corrects some inaccurate claims about the Clause previously advanced by commentators. KEYWORDS Postal Clause; Post Roads; Original Meaning U.S. Constitution; Benjamin Franklin; British Royal Post Office. CONTENTS INTRODUCTION ...................................................................................................... 5 A. The Anomalous Character of the Postal Clause ...................................... 5 B. This Article’s Structure and Method ....................................................... 6 I. BACKGROUND HISTORY: THE BRITISH IMPERIAL POSTAGE SYSTEM ........................ 7 A. Why British Practice is Relevant ............................................................ 7 B. The English Beginnings .......................................................................... 8 C. Vocabulary and Operations of the British Postal System .........................9 * Professor of Law (ret.), The University of Montana; Senior Fellow in Constitutional Jurisprudence, the Independence Institute, Denver, Colorado; Senior Fellow in Constitutional Jurisprudence, Montana Policy Institute, Bozeman, Montana. Some of the author’s observations about business practices derive from his private sector experience. The author acknowledges these individuals who helped make this article possible: Jonathan Miceli, Sturm College of Law, University of Denver (J.D. 2018), for research assistance; Virginia Dunn, Archives and Library Reference Service Manager, and Cassandra Farrell, Senior Map Archivist, both at the Library of Virginia; Professor David Kopel, Sturm College of Law, the University of Denver and Research Director of the Independence Institute, for his continued support; Dr. Anne Richardson Oakes for helpful editing and support; and Elizabeth J. Natelson, for her careful editing. © 2018 Robert G. Natelson, published by De Gruyter Open. This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License. 7 Br. J. Am. Leg. Studies (2018) D. Purposes of the British Postal System ........................................... 14 E. The British Post Office Becomes Imperial: The Statute of 1711 ... 18 F. Motifs in the Development of the Imperial Postal System ............. 20 II. BACKGROUND HISTORY: THE COLONIAL AMERICAN POSTAL SYSTEM .......... 24 A. The American Post Office as the Successor to the British Imperial Post Office ....................................................................................24 B. American Colonial Operations and Ben Franklin .......................... 26 C. The American Postal System in the Sunset of British Rule ........... 27 III. THE CONTINENTAL POST OFFICE IN THE SUNRISE OF INDEPENDENCE ......... 31 A. The Vocabulary of the Continental Post Office ............................. 31 B. The Purposes of the Continental Post Office ................................. 33 C. Congress Decides to Emulate the British ....................................... 35 D. Regularizing Postal Law Under the Articles of Confederation ..... 36 E. The Woes of a State-Owned Enterprise .......................................... 38 1. Problems Inherited from the British Model .............................. 38 2. Other Problems ......................................................................... 41 IV. THE DRAFTING OF THE POSTAL CLAUSE ................................................... 43 A. Why Adopt a Postal Clause? .......................................................... 43 B. The Constitutional Convention ...................................................... 45 V. THE RATIFICATION ERA: 1787-90............................................................. 47 A. Ratification-Era Evidence .............................................................. 47 B. The Ratification Debates in State Conventions and in Public ........ 47 C. Ratification-Era Proceedings in the Confederation Congress ........ 52 D. Ratification Era Proceedings in the First Federal Congress .......... 53 VI. THE ORIGINAL MEANING OF THE POSTAL CLAUSE .................................... 55 A. Questions Raised ............................................................................55 B. What Was A “Post Road?” .............................................................56 C. What Did “Establish” Mean, and Did the Power to “Establish” a Postal System Include Defining and Punishing Postal Crimes? 56 2 FOUNDING-ERA SOCIALISM: THE ORIGINAL MEANING OF THE CONSTITUTION’S POSTAL CLAUSE
Load more

Recommended publications
  • Mail Fraud State Law and Post-Lopez Analysis George D
    Cornell Law Review Volume 82 Article 1 Issue 2 January 1997 Should Federalism Shield Corruption?-Mail Fraud State Law and Post-Lopez Analysis George D. Brown Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation George D. Brown, Should Federalism Shield Corruption?-Mail Fraud State Law and Post-Lopez Analysis , 82 Cornell L. Rev. 225 (1997) Available at: http://scholarship.law.cornell.edu/clr/vol82/iss2/1 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. SHOULD FEDERALISM SHIELD CORRUPTION?- MAIL FRAUD, STATE LAW AND POST-LOPEZ ANALYSIS George D. Brownt I. INTRODUCTION-PROTECTION THROUGH PROSECUTION? There is a view of state and local governments as ethically-chal- lenged backwaters,' veritable swamps of corruption in need of the ulti- mate federal tutelage: protection through prosecution. Whether or not the view is accurate, the prosecutions abound.2 Many metropoli- tan newspapers have chronicled the federal pursuit of errant state and local officials.3 The pursuit is certain to continue. In the post-Water- gate period, the Justice Department has made political corruption at all levels of government a top priority.4 A vigorous federal presence in t Professor of Law and Associate Dean, Boston College Law School. A.B. 1961, Harvard University, LL.B. 1965, Harvard Law School. Chairman, Massachusetts State Eth- ics Commission.
    [Show full text]
  • FEDERALISM and INSURANCE REGULATION BASIC SOURCE MATERIALS © Copyright NAIC 1995 All Rights Reserved
    FEDERALISM AND INSURANCE REGULATION BASIC SOURCE MATERIALS © Copyright NAIC 1995 All rights reserved. ISBN 0-89382-369-4 National Association of Insurance Commissioners Printed in the United States of America FEDERALISM AND INSURANCE REGULATION BASIC SOURCE MATERIALS by SPENCER L. KIMBALL Professor Emeritus of Law, University of Chicago Research Professor, University of Utah College of Law Of Counsel, Manatt, Phelps & Phillips Los Angeles and Washington, D.C. and BARBARA P. HEANEY Attorney at Law, Madison, WI Consulting Attorney on Insurance, Wisconsin Legislative Council, 1978-1994 Madison, Wisconsin Table of Contents Prefatory Note ............................................................................. ix I. Origins of Regulation .............................................................. 3 A. Special Charters .............................................................. :.3 Commentary ......................................................... 3 Chapter LXXX, LAws or COMMONWEALTH OF M~SSACH~SETTS, 1806--1809 .............................. 3 B. General Incorporation Statutes .......................................... 6 Commentary ......................................................... 6 MASSACHUSETTS ACTS AND RESOLVES 1845, Chapter 23 ........................................................ 7 C. Beginnings of Formal Insurance Regulation ....................... 7 Commentary ......................................................... 7 MASSACHUSETTS ACTS AND RESOLVES 1852, Chapter 231 ......................................................
    [Show full text]
  • Some Consequences of Increased Federal Activity in Law Enforcement David Fellman
    Journal of Criminal Law and Criminology Volume 35 | Issue 1 Article 2 1944 Some Consequences of Increased Federal Activity in Law Enforcement David Fellman Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation David Fellman, Some Consequences of Increased Federal Activity in Law Enforcement, 35 J. Crim. L. & Criminology 16 (1944-1945) This Article is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. SOME CONSEQUENCES OF INCREASED FEDERAL ACTIVITY IN LAW ENFORCEIENT David Felhnan (The writer, Associate Professor of Political Science at the University of Nebraska, considers in this article the impact of our expanding national criminal jurisdiction upon American federalism, public law, constitutional morality, and standards of criminal justice.-EDrron.) The Growth of the Federal Criminal Code The First Congress, in its second session, adopted "An Act for the Punishment of certain Crimes against the United States."' It was a modest statute of thirty-three sections, dealing with treason, misprision of treason, felonies in places within the exclusive juris- diction of the United States and upon the high seas, forgery or counterfeiting of federal paper, the stealing or falsifying of rec- ords of the federal courts, perjury, bribery and obstruction of pro- cess in the courts, suits involving the public ministers of foreign states, and procedure.
    [Show full text]
  • A Computational Analysis of Constitutional Polarization
    Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2019 A Computational Analysis of Constitutional Polarization David E. Pozen Columbia Law School, [email protected] Eric L. Talley Columbia Law School, [email protected] Julian Nyarko Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons Recommended Citation David E. Pozen, Eric L. Talley & Julian Nyarko, A Computational Analysis of Constitutional Polarization, CORNELL LAW REVIEW, VOL. 105, P. 1, 2019; COLUMBIA PUBLIC LAW RESEARCH PAPER NO. 14-624 (2019). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2271 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. \\jciprod01\productn\C\CRN\105-1\CRN101.txt unknown Seq: 1 30-APR-20 8:10 A COMPUTATIONAL ANALYSIS OF CONSTITUTIONAL POLARIZATION David E. Pozen,† Eric L. Talley†† & Julian Nyarko††† This Article is the first to use computational methods to investigate the ideological and partisan structure of constitu- tional discourse outside the courts. We apply a range of ma- chine-learning and text-analysis techniques to a newly available data set comprising all remarks made on the U.S. House and Senate floors
    [Show full text]
  • National Police Power Under the Postal Clause of the Constitution Robert Eugene Cushman
    University of Minnesota Law School Scholarship Repository Minnesota Law Review 1920 National Police Power under the Postal Clause of the Constitution Robert Eugene Cushman Follow this and additional works at: https://scholarship.law.umn.edu/mlr Part of the Law Commons Recommended Citation Cushman, Robert Eugene, "National Police Power under the Postal Clause of the Constitution" (1920). Minnesota Law Review. 2188. https://scholarship.law.umn.edu/mlr/2188 This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in Minnesota Law Review collection by an authorized administrator of the Scholarship Repository. For more information, please contact [email protected]. MINNESOTA LAW REVIEW NATIONAL POLICE POWER UNDER THE POSTAL CLAUSE OF THE CONSTITUTION IF ONE were asked to explain and illustrate the doctrine of implied powers as it has functioned in the development of our constitutional law, there would probably be no easier way to do it than to point to the enormous expansion of the postal power of Congress.' The clause in the federal constitution which grants to Congress the power "to establish Post Offices and Post Roads"2 was inserted there -almost without discussion. 3 It seems to have appeared entirely innocuous even to the most suspicious and skeptical of those who feared that the new government would dangerously expand its powers at the expense of the states and the individual.4 And yet that government had hardly been set in operation before this brief grant of aufhority began to be subjected to a liberal and expansive construction under which our postal system has come to be our most picturesque symbol of the length and breadth and strength of national authority.5 1 The subject of the expansion of the postal power of Congress has been fully treated in a very excellent monograph by Lindsay Rogers entitled "The Postal Power of Congress," Johns Hopkins' University Stu- dies in Historical and Political Science, 1916.
    [Show full text]
  • A Speech Or Debate Privilege for State Legislators Who Violate Federal Criminal Laws
    Journal of Criminal Law and Criminology Volume 68 Article 3 Issue 1 March Spring 1977 A Speech or Debate Privilege for State Legislators who Violate Federal Criminal Laws Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation A Speech or Debate Privilege for State Legislators who Violate Federal Criminal Laws, 68 J. Crim. L. & Criminology 31 (1977) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. THEJOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 68, No. I Copyright © 1977 by Northwestern University School of Law Printedin U.S.A. COMMENTS Student contributors to this issue are Cheryl A. Knowles, Scott A. Young, Kathryn L. Knudson, Andrea Sue Kramer, and Douglas M. Palais. A SPEECH OR DEBATE PRIVILEGE FOR STATE LEGISLATORS WHO VIOLATE FEDERAL CRIMINAL LAWS? The concept of legislative independence in speech or debate privilege is an accepted part of speech or debate is thoroughly entrenched in the American political tradition, difficult ques- American political thought. Of common law tions concerning its scope and meaning con- origin, the concept is now embodied in Article 1 tinue to arise in the process of applying the § 6 cl. la of the Federal Constitution which privilege to the facts of specific cases. specifically provides that "for any Speech or One particularly complex question was raised Debate in either House [United States Senators recently in United States v.
    [Show full text]
  • Separation of Powers Or Separation of Personnel , 79 Cornell L
    Cornell Law Review Volume 79 Article 1 Issue 5 July 1994 One Person One Office:ep S aration of Powers or Separation of Personnel Steven G. Calabresi Joan L. Larsen Follow this and additional works at: http://scholarship.law.cornell.edu/clr Part of the Law Commons Recommended Citation Steven G. Calabresi and Joan L. Larsen, One Person One Office: Separation of Powers or Separation of Personnel , 79 Cornell L. Rev. 1045 (1994) Available at: http://scholarship.law.cornell.edu/clr/vol79/iss5/1 This Article is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell Law Review by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. ONE PERSON, ONE OFFICE: SEPARATION OF POWERS OR SEPARATION OF PERSONNEL? Steven G. Calabres4 and Joan L. Larsent "The accumulation of all powers, legislative, executive, and judici- ary, in the same hands ... whether hereditary, self-appointed, or elec- tive, may justly be pronounced the very definition of tyranny."' TABLE OF CONTENTS INTRODUCTION ................................................. 1047 I. BRITISH AND COLONIAL ANTECEDENTS TO THE INCOMPATIBILITY PRINCIPLE ................................ 1052 A. The British Background ............................... 1053 B. The State Constitutions and the Articles of Confederation ......................................... 1057 C. Summary of the Decisions at the Federal Convention ........................................... 1061 II. THE INCOMPATIBILITY CLAUSE .............................. 1062 A. The Original Meaning and Purpose of the Incompatibility Clause ................................. 1062 1. Text and Context .................................... 1062 2. Public Statements Contemporaneous With Ratification... 1065 3. Private Statements Made Prior to Ratification: The Convention Debates .................................
    [Show full text]
  • U.S. Attorneys' Bulletin Vol 49 No 06, High Tech and Investment Fraud
    High Tech and Nov ember 2 0 0 1 Investment Fraud Volume 49 Num ber 6 In This Issue United States Department of Justice Executive Office for United States Attorneys Office of Legal Education Washingt on, DC In Honor 20535 Kenneth L. Wainstein Director This issue of the United States Attorneys' Bulletin is Contributors’ opinions and dedicated to Michael C. Messer, a senior attorney at the statements should not be considered an endorsement Social Security Administration (SSA). Mr. Messer was by EOUSA for any policy, program, or service appointed a Special Assistant United States Attorney for the Northern District of Illinois on October 10, 2000 The United St ates At torney s’ Bulletin is published pursuant as part of SSA's Anti-Fraud Pilot Project, and was to 28 CFR § 0.2 2(b) detailed to the Criminal Division of the Chicago The United St ates At torney s’ Bulletin is published bi- United States Attorney's Office (USAO). On August 20, monthly by the Executive 2001, while attending a training conference at the Off ice fo r Unit ed Stat es At torn eys, Of fic e of Legal National Advocacy Center (NAC), he was shot and Education, 1620 Pendleton Street, Columbia, South killed in an attempted armed robbery while walking Carolina 2 920 1. Perio dical postage paid at Washington, back to the NAC after dinner. Mike was a wonderful D.C. Postmaster: Send attorney and colleague who served his agency, the USAO , and his community address changes to Editor, United St ates At torney s’ with dedication and distinction.
    [Show full text]
  • The Emoluments Clause: an Anti-Federalist Intruder in a Federalis
    Hofstra Law Review Volume 24 | Issue 1 Article 2 1995 The molumeE nts Clause: An Anti-Federalist Intruder in a Federalist Constitution John F. O'Connor Follow this and additional works at: http://scholarlycommons.law.hofstra.edu/hlr Part of the Law Commons Recommended Citation O'Connor, John F. (1995) "The moE luments Clause: An Anti-Federalist Intruder in a Federalist Constitution," Hofstra Law Review: Vol. 24: Iss. 1, Article 2. Available at: http://scholarlycommons.law.hofstra.edu/hlr/vol24/iss1/2 This document is brought to you for free and open access by Scholarly Commons at Hofstra Law. It has been accepted for inclusion in Hofstra Law Review by an authorized administrator of Scholarly Commons at Hofstra Law. For more information, please contact [email protected]. O'Connor: The Emoluments Clause: An Anti-Federalist Intruder in a Federalis THE EMOLUMENTS CLAUSE: AN ANTI-FEDERALIST INTRUDER IN A FEDERALIST CONSTITUTION John F O'Connor* As to the exception that [Senators and Representatives] cannot be appointedto offices created by themselves, or the emoluments of which are by themselves increased, it is certainly of little consequence, since they may easily evade it .... Luther Martin' CONTENTS I. INTRODUCTION ................................ 91 II. THE PLAIN LANGUAGE OF THE EMOLUMENTS CLAUSE .... 94 A. "No Senator or Representative shall, during the Time for which he was elected"................... 95 1. "No Senator or Representative shall"............ 95 2. "During the Time for which he was elected" ...... 101 B. The Meaning of "Be Appointed".. ................ 104 C. "To any civil Office under the Authority of the United States" . ............................. 106 * Captain, United States Marine Corps.
    [Show full text]
  • A Path Forward for the Postal Service
    Emory Bankruptcy Developments Journal Volume 37 Issue 3 Developments Issue 6-28-2021 A Path Forward for the Postal Service Laura N. Coordes Follow this and additional works at: https://scholarlycommons.law.emory.edu/ebdj Part of the Bankruptcy Law Commons Recommended Citation Laura N. Coordes, A Path Forward for the Postal Service, 37 Emory Bankr. Dev. J. 581 (2021). Available at: https://scholarlycommons.law.emory.edu/ebdj/vol37/iss3/4 This Essay is brought to you for free and open access by the Journals at Emory Law Scholarly Commons. It has been accepted for inclusion in Emory Bankruptcy Developments Journal by an authorized editor of Emory Law Scholarly Commons. For more information, please contact [email protected]. COORDES_6.3.21 6/3/2021 11:45 AM A PATH FORWARD FOR THE POSTAL SERVICE Laura N. Coordes* INTRODUCTION What is the United States Postal Service (USPS)? The entity’s future, financial and otherwise, is wrapped up in the answer to this fundamental, yet surprisingly complicated, question. The postal service in the United States began as a part of the federal government, but over the years, Congress has altered its structure. Today’s USPS is an entity situated somewhere between a public, governmental agency and a private business. It has attributes resembling both, and while most observers agree that it is becoming more “privatized,”1 it is still subject to a significant number of laws and regulations that do not apply to private businesses.2 In addition, the USPS has a federally imposed “universal service obligation”—a requirement to deliver mail to every corner of the country—and a public-oriented mission that predates the birth of America itself.3 This Essay argues that the USPS’s structural identity—or lack thereof— poses innumerable problems, including and especially the lack of a readily available safety net, such as bankruptcy, in the event of the entity’s financial crisis.
    [Show full text]
  • The Federalist Society Review
    Volume 19 The Federalist Society Review fedsoc.org Towards an Administrative Impeachment: The Constitu- Rule of Lenity: Restoring tion’s Fiduciary Meaning of the Constitutional Congress “High . Misdemeanors” by Reforming Statutory — Robert G. Natelson Interpretation — Joel S. Nolette (winner of the Article I The GDPR: What It Really Initiative Writing Contest) Does and How the U.S. Can Chart a Better Course The Problem with the — Roslyn Layton & Julian Mclendon Proliferation of Collateral Consequences Party Like It’s 1935?: Gundy — John G. Malcolm v. United States and the Fu- ture of the Non-Delegation What Happened to the Public’s Doctrine Interest in Patent Law? — Matthew Cavedon & Jonathan Skrmetti — Kristen Jakobsen Osenga A Shy Frog, the Administra- Compelled Speech in tive State, and Judicial Review Masterpiece Cakeshop: What of Agency Decision-Making: the Supreme Court’s June A Preview of Weyerhaeuser v. 2018 Decisions Tell Us About United States Fish & Wildlife the Unresolved Questions Service — James A. Campbell — Mark Miller The Federalist Society for Law & Public Policy Studies Directors & Officers Steven G. Calabresi, Chairman Hon. David M. McIntosh, Vice Chairman Gary Lawson, Secretary Brent O. Hatch, Treasurer T. Kenneth Cribb, Counselor C. Boyden Gray Letter from the Editor Leonard A. Leo, Executive Vice President Edwin Meese, III Eugene B. Meyer, President Michael B. Mukasey HE EDERALIST OCIETY EVIEW Lee Liberman Otis, Senior Vice President T F S R is the legal Prof. Nicholas Quinn Rosenkranz Board of Visitors journal produced by the Federalist Mr. Christopher DeMuth, Co-Chairman Hon. Orrin G. Hatch, Co-Chairman Society’s Practice Groups. The REVIEW Prof.
    [Show full text]
  • 1903. Congressional Record-House. 1519
    1903. CONGRESSIONAL RECORD-HOUSE. 1519 came retirement from public life, receiving in private station ASSISTANT SURGEON IN THE NA. VY. from his fellow-citizens the honors which were due to him as the Ransom E. Riggs, a citizen of South Carolina, to be an assistant first and greatest citizen of his State. The end of his glorious surgeon in the Navy, from the 19th day of January, 1903, to fill a life came on the 14th of November, 1832, he having rea-ched an age vacancy existing in that grade on that date. almost unprecedented among the men of his time, almost 96 years. He was the last survivor of the signers of the Declaration PROMOTIONS IN THE NA.VY. of Independence. 1. Commander Charles C. Cornwell, to be a captain in the Navy · Such was the character, such were the services of the two from the 10th day of January, 1903, vice Capt. George W. Mel­ Marylanders whom our statues typify as the best product of the ville, retired. manhood of our soil. They have passed away, but they shall be 2. P ay Inspector Samuel R. Colhoun, to be a pay director in the ever remembered, and their fame will extend into the distant Navy from the 22d day of November, 1902, vice Pay Director Ar­ future. Their influence has not ceased. True it is, the prin­ thur Burtis, retired. ciples which they evolved and for which they struggled seem 3. Pay Inspector John N. Speel, to be a pay director in the at present to be obscm·ed by an eclipse.
    [Show full text]