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View Full Version : Would we need a constitutional amendment to legalize competition in first-class mail?




Knightskye
06-29-2009, 05:46 PM
http://www.archives.gov/exhibits/charters/constitution_transcript.html


To establish Post Offices and post Roads;

There's nothing in the constitution about granting the government monopoly power, but would we need to repeal that part of Section 8 if we wanted to allow competition in mail?

Sean
06-29-2009, 05:52 PM
I don't see anything there that prohibits private mail companies. IT would only take Congress to repeal its own laws against competition.

emazur
06-29-2009, 06:18 PM
Was there ever a time in US history when we had legalized competition in first class mail?

Unspun
06-29-2009, 06:38 PM
Was there ever a time in US history when we had legalized competition in first class mail?

Yes, absolutely. The great American anarchist Lysander Spooner's American Letter Mail Company.

http://www.digitaljournal.com/article/271139

disorderlyvision
06-29-2009, 06:41 PM
Yes, absolutely. The great American anarchist Lysander Spooner's American Letter Mail Company.

http://www.digitaljournal.com/article/271139

Beat me to it. I was going to mention Spooner. Thanks for the link I saved it to read later.

Knightskye
06-29-2009, 06:55 PM
Okay, another question then. Should the provision allowing the government to "establish post offices" be repealed, and when?

mediahasyou
06-29-2009, 07:38 PM
"It's just a goddamned piece of paper." - George Bush

brandon
06-29-2009, 07:40 PM
I don't really think many private companies would want to get into the mail delivery business. It's going extinct.

Brassmouth
06-29-2009, 07:45 PM
You don't need an imaginary rule to exercise your right to open a business.

Whether the thugs who call themselves the State will intervene is an entirely different issue.

In the event you did attempt to repeal laws or get an amendment, the Letter Carrier Unions would retaliate in full force. You'd fail.

mczerone
06-29-2009, 08:35 PM
First, there is absolutely no prohibition against a private competitor, but it's hard to complete with a company that runs at a loss with impunity.

However, If Congress were to pass a law outlawing such competition, it would likely be held by the SCOTUS to be Constitutional under the Necessary and Proper clause, and they would be able to shut it down if it posed a real threat to their control on communication.

1000-points-of-fright
06-29-2009, 08:42 PM
There's nothing stopping you from sending a letter or post card via Fed Ex. They'd just look at you funny cuz you'd be paying more.

fletcher
06-29-2009, 09:10 PM
First, there is absolutely no prohibition against a private competitor, but it's hard to complete with a company that runs at a loss with impunity.


Wrong. Private Express Statutes (http://en.wikipedia.org/wiki/Private_Express_Statutes) and the mailbox access rule.

fletcher
06-29-2009, 09:17 PM
There's nothing stopping you from sending a letter or post card via Fed Ex. They'd just look at you funny cuz you'd be paying more.

You'd be paying more because the government won't allow them to deliver any letters for less than a $3 or twice the amount it would cost to send it through the USPS, whichever is more.

Feelgood
06-30-2009, 12:11 AM
http://www.thedailyshow.com/video/index.jhtml?videoId=87974&title=ron-paul

Fast forward to 4:35

Knightskye
06-30-2009, 12:20 AM
http://www.thedailyshow.com/video/index.jhtml?videoId=87974&title=ron-paul

Fast forward to 4:35

That's where I got the idea. :)