The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
33. The power of Congress to establish post offices and post roads is
not an exclusive power, for the States are not prohibited to legislate
on the same subject. But Congress has unlimited power over it and may
designate what may be included in and what may be excluded from the
mails. This exercise is doubtless of the police power. It does not
follow that congressional establishing and regulation of post offices
and post roads mean that Congress has power to deal with crime or
immorality within a State in order to maintain that it possesses the
power to forbid the use of the mails in aid of the perpetration of
crime and immorality. So a postal law of Congress excluding lottery
tickets from the mail is not an abridgment of the freedom of the press.
Congress, by reason of the nature of its functions, is empowered to
determine what shall and what shall not be carried in the mails, and
the right of freedom of speech does not give the right to injure the
objects or to defeat the purposes which government is ordained and
established to further and protect.[80] But the State, in exercise of
its police power, may undoubtedly protect its citizens from injury
springing out of that intercourse known as the mail service so long as
it is wholly intrastate,—that is, within its jurisdiction.
34. Copyrights and patent rights are privileges granted by Congress for
a term of years and are strictly statutory—for the United States has
no common law. The States may exercise their powers in like manner,
subject to the essential condition that the Constitution is the supreme
law of the land. Copyrights and patent rights are examples of rights
which exist by act of Congress,[81] but the right thus created does not
annul the ordinary police power as put forth in the police regulations
of a State. The person owning or controlling either copyright or
patent right is not thereby empowered to defy the laws of a State as
respecting the sale of the article in which or over which he has the
exclusive right. The article itself may be adjudged injurious to the
public and, therefore, by police regulation, forbidden to be sold or to
be exposed for sale in the State. The patent right prevents others than
the inventor from participating in the fruits of his invention, without
his consent; but the exercise of the right must be in subordination to
the police regulations of the State, otherwise, “a person might with
as much propriety claim a right to commit murder with an instrument,
because he held a patent for a new and useful invention.”[82] It may
be accepted as a principle that “patent laws do not interfere with
the power of a State to pass laws for the protection and security of
its citizens, in their persons and property, or in respect to matters
of internal polity, although such laws may incidentally affect the
profitable use or sale by a patentee of his inventions.”[83]
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