WI: Lysander Spooner Breaks the Government Mail Monopoly

[Aranfan]

In OTL, Lysander Spooner fought the US Government's legal monopoly on mail by establishing a private mail company. The 3 cent stamp is his legacy. Unfortunately, he was financially ruined by legal proceedings before he could get the case to the supreme court.

What if he had managed to take it to the SCOTUS and convince the Court to rule that legal monopoly was unconstitutional? It would be in the decade before the Civil War that this would happen.

 

[iori]

Honestly I doubt he could have won, since the Constitution explicitly gives the Federal government the power to create post offices and their related infrastructure.

 

[Aranfan]

Honestly I doubt he could jave won, since the Constitution explicitly gives the Federal government the power to create post offices and their related infrastructure.

Sure, but that doesn't mean that the Fed is the only ones who can do that.

 

[iori]

Sure, but that doesn't mean that the Fed is the only ones who can do that.

Yes, but since it's the Federal government has the power over it I very much doubt the SCOTUS would rule it unconstitutional.

 

[Aranfan]

Yes, but since it's the Federal government has the power over it I very much doubt the SCOTUS would rule it unconstitutional.

None the less, this is a what if.

 

[Aranfan]

No interest in what would happen?

 

[freodhoric]

No interest in what would happen?

I am, but currently I don't have any good thoughts.

 

[Dathi THorfinnsson]

Honestly I doubt he could have won, since the Constitution explicitly gives the Federal government the power to create post offices and their related infrastructure.

Sure, but that doesn't mean that the Fed is the only ones who can do that.

Yes, but since it's the Federal government has the power over it I very much doubt the SCOTUS would rule it unconstitutional.

On what grounds would the SCOTUS make that ruling?

The only mention in the Constitution of posts is the Feds. Sure, if the Feds wanted to allow/encourage a parallel, private system, there's nothing in the Constitution that would prevent that. But if they want a monopoly (which is almost the only way to get universal mail service, especially in the early days), there sure as heck isn't anything that prevents that.

The Supreme Court doesn't rule at random, really it doesn't. (I know it occasionally LOOKS that way.)

If you want a Court decision claiming something is unconstitutional, you can't just say 'well suppose they ruled that way', 'cause that's not how things work.