The Postal Power Of Congress; A Study In Constitutional Expansion

Paperback | January 8, 2012

byLindsay Rogers

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This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1916. Not illustrated. Excerpt: ... CHAPTER VII The Extens1on Of Federal Control Through ExcluS1on From The Ma1ls It has already been indicated that, while the postal power of Congress is plenary, extending to the classification and exclusion of articles presented for transmission through the mails, it is not without limits; that its exercise is restricted by provisions found in the Constitution itself,--the guarantees of a free press and immunity from unreasonable searches and seizures. There is, moreover, a further important limitation in that an arbitrary refusal of postal facilities would seem to be a denial of due process of law. The Supreme Court of the United States has not yet been called upon to set any limit to congressional action under this clause; it has thus far upheld every law restricting the use of the postoffice. But it should be remembered in the discussion which follows that all existing exclusions from the mails can be justified as partaking of the nature of police regulations; the prohibited articles are either inherently injurious, inimical to the health, safety and well being of recipients, or the use of the mails is denied because it would be in furtherance of a design that is condemned by moral considerations or is against public policy. That this Index Expurgatorius will be extended may be taken for granted. It is in the nature of police regulations that they expand more inclusively and rigorously. For example, in 1912 Congress excluded from the mails moving picture films of prize fights.1 At the third session of the Sixty-third Congress, moreover, bills were introduced and urged to deny absolutely the use of the mails to any person who, in the opinion of the postmaster general, "is engaged or represents himself as engaged in the business of publishing" any book...

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This historic book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1916. Not illustrated. Excerpt: ... CHAPTER VII The Extens1on Of Federal Control Through ExcluS1on From The Ma1ls It has already been indicated that, while the ...

Format:PaperbackDimensions:66 pages, 9.69 × 7.44 × 0.14 inPublished:January 8, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217603068

ISBN - 13:9780217603065

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