Private Express Statutes - History

History

The United States Congress originally passed the PES in 1792, under powers granted it in the United States Constitution to "establish Post Offices and Post Roads". The PES created a governmental monopoly on the carriage and delivery of letter mail, and ensured that this monopoly can be enforced. Today the USPS is empowered to suspend the PES, if it believes such a private postal service would be in the interests of the general public.

The PES consists of 18 U.S.C. §§ 1693–1696 and 39 U.S.C. §§ 601–606, implemented under 39 Code of Federal Regulations Parts 310 and 320. These forbid all carriage and delivery of letter mail by private organizations, except as described in the next section. The PES only cover "letters" and not other mailable items such as parcels or periodicals.

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