The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
In the cases just reviewed the mails were closed to particular types of
communication which were deemed to be harmful. A much broader power of
exclusion was asserted in the Public Utility Holding Company Act of
1935.[1147] To induce compliance with the regulatory requirements of
that act, Congress denied the privilege of using the mails for any
purpose to holding companies which failed to obey that law, irrespective
of the character of the material to be carried. Viewing the matter
realistically, the Supreme Court treated this provision as a penalty.
While it held this statute constitutional because the regulations whose
infractions were thus penalized were themselves valid,[1148] it declared
that "Congress may not exercise its control over the mails to enforce a
requirement which lies outside its constitutional province,
* * *."[1149]
STATE REGULATIONS AFFECTING THE MAILS
In determining the extent to which State laws may impinge upon persons
or corporations whose services are utilized by Congress in executing its
postal powers, the task of the Supreme Court has been to determine
whether particular measures are consistent with the general policies
indicated by Congress. Broadly speaking, the Court has approved
regulations which have a trivial or remote relation to the operation of
the postal service, while disallowing those which constitute a serious
impediment to it. Thus a State statute which granted to one company an
exclusive right to operate a telegraph business in the State was found
to be incompatible with a federal law which, in granting to any
telegraph company the right to construct its lines upon post roads, was
interpreted as a prohibition of State monopolies in a field which
Congress was entitled to regulate in the exercise of its combined power
over commerce and post roads.[1150] An Illinois statute which, as
construed by the State courts, required an interstate mail train to make
a detour of seven miles in order to stop at a designated station, also
was held to be an unconstitutional interference with the power of
Congress under this clause.[1151] But a Minnesota statute which required
intrastate trains to stop at county seats was found to be
unobjectionable.[1152] Local laws classifying postal workers with
railroad employees for the purpose of determining a railroad's liability
for personal injuries,[1153] or subjecting a union of railway mail
clerks to a general law forbidding any "labor organization" to deny any
person membership because of his race, color or creed,[1154] have been
held not to conflict with national legislation or policy in this field.
Despite the interference _pro tanto_ with the performance of a federal
function, a State may arrest a postal employee charged with murder while
he is engaged in carrying out his official duties,[1155] but it cannot
punish a person for operating a mail truck over its highways without
procuring a driver's license from State authorities.[1156]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account