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Post Roads within The State or “in this state”?

22 Aug

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Under Article I Section 8, Clause 7 of The Constitution of the United States, the Congress has the power “To establish Post Offices and post Roads

So far as I know, “post roads” continued as the fundamental means of identifying a place for the delivery of mail until A.D. 1963 when they were supplanted by addresses associated with Zip Codes.  It’s not clear to me whether “post roads” still exist.  Although they are unused and almost unremembered, I suspect that “post roads” are still available if you care to use them to address your mail.  Technically, “post roads” would seem to have been abandoned and unused for almost 50 years.  Constitutionally, Congress not only has the power, they would seem to have the duty to “establish” and maintain “post roads”.

While searching for something else in the Revised Statutes of A.D. 1873-1875, I spotted The Revised Statutes of the United States relating to Post Roads passed at the First Session of the 43rd Congress, 1873-’74.  With a title as catchy as that, who could resist peeking inside?

So I started thumbing through the pages and first thing I saw was the heading on page 3: “IN THE STATE OF ALABAMA” followed by 10 pages listing “post roads” in that State. And then on page 14 I read: “IN THE STATE OF ARKANSAS” followed by 7 pages listing “post roads” for that State.

The suspicion came almost instantly: The “post roads” are located within the States of the Union. The Zip Code addresses are located within the “territory” of “this state”.  Under Article 1.8.7, the power and obligation imposed on Congress to establish “post offices” and “post roads” had to apply within the States of the Union.  Given that, under Article 4.3.2, Congress had unlimited power to do virtually whatever it wants in the “territories,” Congress has the power to ignore “post roads” and instead establish Zip Code addresses within the “territories”.

If that conjecture is correct, and if you want to establish your presence within one of the States of the Union (rather than “in this state”/territory), you might do well to determine if your domicile is located on a “post road” and begin to use the “post road” as part of your “address” rather than a Zip Code.

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5 Comments

Posted by on August 22, 2011 in "The State" vs. "this state", Venue

 

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5 Responses to Post Roads within The State or “in this state”?

  1. davidmerrill2

    August 23, 2011 at 8:14 AM

    A few suitors build the residential address on the Rural Routes that still exist. They are successful at evading the assumptions they are a resident.

    http://www.melissadata.com/lookups/cartzip.asp

    I think you can get this county map at your “main” post office.

    http://img684.imageshack.us/img684/6449/ruralroutesraleigh.pdf

     
  2. Bob

    August 23, 2011 at 11:39 AM

    An interesting commentary on this by Joseph Story (1779-1845)- Lawyer & Jurist, served on the Supreme Court of the United States. He uses several terms- “United States”, “Union”, “The State”, never mentions “This state”, “National Government” and “exclusive jurisdiction” are of particular interest to past exposes you have penned.

    Joseph Story, Commentaries on the Constitution 3:§§ 1119–42, 1144–45

    http://press-pubs.uchicago.edu/founders/documents/a1_8_7s7.html

     
  3. Hermes

    August 23, 2011 at 2:23 PM

    I came across this researching UCC, maybe its old news but your address should read as so:

    John-Quincy: Smith
    In care of 1234 Smith Savings Lane
    Non-Domestic
    Hollywood, California [90210]
    Real Land North America

    I am beginning to use it myself…

     
  4. palani

    August 24, 2011 at 1:42 PM

    If asked to use the zip code bracket the number on both sides by [cf]. This is short for “constructive fraud”. I had a post lady ask me what it meant once and my answer made her flush.

    Another method is to write “EXEMPT” where the zip code goes.

    But if you like to play nice then the phrase “close to but not in (zip)” pretty much says it all.

     
  5. palani

    August 24, 2011 at 1:54 PM

    In the 1857 constitutional debates for Iowa much angst was expressed concerning how service would be possible upon people who might flee the state to a federal zone. These were pretty much entirely attorneys who were expressing this concern. Consider this carefully because the/this state will ONLY send you mail addressed to the zip code address. In effect they are attempting service in a federal zone while you might reject it for the same reason.

     

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