Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Congress has an obligation to support the spread of accurate news

Opinion

Postal trucks
Spencer Jones/GHI/UCG/Universal Images Group via Getty Images

Frazier is an assistant professor at the Crump College of Law at St. Thomas University. He previously clerked for the Montana Supreme Court.

The Post Office Act of 1792 is the most important piece of legislation you’ve never heard of. This single act turned the postal network into a marketplace of ideas rather than a means for generating revenue. Today, our primary channels for the spread of ideas – social media platforms – are steered by profit rather than the public’s interest.

If that status quo persists, you can expect our democracy to continue to deteriorate. That’s why we’ve got to study and learn from the Post Office Act, Congress’s postal power and the expectations of the founders. A quick historical review suggests that the government not only has the authority to intervene in the marketplace of ideas but actually has an affirmative duty to do so.


You don’t need a PhD in political science to know that our democracy will fail if people don’t have access to timely, accurate and actionable news. The Founders acted on that simple fact by establishing and expanding a postal network. Thanks to the Post Office Act, the 69 post offices that existed in 1788 became 13,000 by 1840. What’s more, the law subsidized the spread of democratic information by lowering the postage rate for newspapers and eliminating postage for the exchange of news between printers. It follows that over the course of a few decades, Congress made sure that Americans in every nook and cranny of the country could read about current affairs in quality newspapers.

Two centuries later, it appears as though Congress has forgotten its obligation to maintain a primary channel for the distribution of democratic knowledge. That obligation is baked into Article I, Section 8, Clause 7 of the Constitution, which grants Congress the power to “establish post offices and post roads.” Given that there were no alternative channels for mass communication when the Constitution was written, this clause can and should be interpreted as a grant of authority to develop a robust marketplace of ideas.

Now, you might ask why the Founders didn’t instead grant Congress the power “to ensure widespread access to information on current affairs.” But that’s akin to asking why principals didn’t have ChatGPT policies in 2004. You can’t regulate what hasn’t been invented. When the Founders authorized congressional control over the postal network, they were authorizing government intervention in the only channel of mass communication that had ever been known. In short, Congress’s postal power should be read in a technologically neutral way – any other interpretation would render much of Congress’s other enumerated powers pointless.

A quick thought exercise proves my point. Article I, Section 8, Clause 13 empowers Congress to "provide and maintain a Navy." The Navy in 1790 looked a lot different than today’s Navy. If this clause wasn’t read in an instrumental fashion – to permit Congress to maintain a functioning Navy – then one could argue that Congress ought only fund 36-gun frigates even though technological advances have since made those ships obsolete.

Today, the postal network is no longer the primary channel for the distribution of news. That title belongs to social media platforms. Don’t take my word for it. Here’s what the Supreme Court had to say in 2017: Cyberspace hosts the “most important places for the exchange of views.” Yet, in the same way our postal network used to be perceived solely as a money-maker, we have been lured into accepting a narrow conception of social media platforms as economic entities rather than essential and irreplaceable channels of communication.

The Post Office Act, viewed in the political and technological context of the times, should serve as a reminder that the Founders would have vigorously contested the primary channels of communication being exclusively operated by private entities and, for all intents and purposes, solely in the interest of profit. Again, don’t take my word for it.

Thomas Jefferson noted that the success of a democracy hinges on the people having "full information of their affairs through the channel of the public papers." That's why he called for a communications network that ensured "those papers ... penetrate the whole mass of the people." In case there was any doubt about Jefferson's belief in the need for a functioning marketplace of ideas, he went so far as to say, "were it left to me to decide whether we should have a government without newspapers or newspapers without a government, I should not hesitate a moment to prefer the latter." George Washington likewise stressed the "importance of facilitating the circulation of political intelligence and information."

Jefferson and Washington could not be more clear: A democracy requires a primary channel for distributing news about current affairs. If that channel had been in the hands of a few merchants with insufficient concern about our collective democratic health, do you think these revolutionaries would have just accepted that untenable status quo?

I think “no” is the only rational answer. So, let’s learn from our Founders and dare to demand a reconception of our information ecosystem that serves people rather than profit. In particular, scholars, policymakers and the like should explore a new interpretation of Congress’s postal power – this new research could unleash a long overdue reconfiguration of our marketplace of ideas.


Read More

New Year’s Resolutions for Congress – and the Country

Speaker of the House Mike Johnson (R-LA) (L) and Rep. August Pfluger (R-TX) lead a group of fellow Republicans through Statuary Hall on the way to a news conference on the 28th day of the federal government shutdown at the U.S. Capitol on October 28, 2025 in Washington, DC.

Getty Images, Chip Somodevilla

New Year’s Resolutions for Congress – and the Country

Every January 1st, many Americans face their failings and resolve to do better by making New Year’s Resolutions. Wouldn’t it be delightful if Congress would do the same? According to Gallup, half of all Americans currently have very little confidence in Congress. And while confidence in our government institutions is shrinking across the board, Congress is near rock bottom. With that in mind, here is a list of resolutions Congress could make and keep, which would help to rebuild public trust in Congress and our government institutions. Let’s start with:

1 – Working for the American people. We elect our senators and representatives to work on our behalf – not on their behalf or on behalf of the wealthiest donors, but on our behalf. There are many issues on which a large majority of Americans agree but Congress can’t. Congress should resolve to address those issues.

Keep ReadingShow less
Two groups of glass figures. One red, one blue.

Congressional paralysis is no longer accidental. Polarization has reshaped incentives, hollowed out Congress, and shifted power to the executive.

Getty Images, Andrii Yalanskyi

How Congress Lost Its Capacity to Act and How to Get It Back

In late 2025, Congress fumbled the Affordable Care Act, failing to move a modest stabilization bill through its own procedures and leaving insurers and families facing renewed uncertainty. As the Congressional Budget Office has warned in multiple analyses over the past decade, policy uncertainty increases premiums and reduces insurer participation (see, for example: https://www.cbo.gov/publication/61734). I examined this episode in an earlier Fulcrum article, “Governing by Breakdown: The Cost of Congressional Paralysis,” as a case study in congressional paralysis and leadership failure. The deeper problem, however, runs beyond any single deadline or decision and into the incentives and procedures that now structure congressional authority. Polarization has become so embedded in America’s governing institutions themselves that it shapes how power is exercised and why even routine governance now breaks down.

From Episode to System

The ACA episode wasn’t an anomaly but a symptom. Recent scholarship suggests it reflects a broader structural shift in how Congress operates. In a 2025 academic article available on the Social Science Research Network (SSRN), political scientist Dmitrii Lebedev reaches a stark conclusion about the current Congress, noting that the 118th Congress enacted fewer major laws than any in the modern era despite facing multiple time-sensitive policy deadlines (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5346916). Drawing on legislative data, he finds that dysfunction is no longer best understood as partisan gridlock alone. Instead, Congress increasingly exhibits a breakdown of institutional capacity within the governing majority itself. Leadership avoidance, procedural delay, and the erosion of governing norms have become routine features of legislative life rather than temporary responses to crisis.

Keep ReadingShow less
Trump’s ‘America First’ is now just imperialism

Donald Trump Jr.' s plane landed in Nuuk, Greenland, where he made a short private visit, weeks after his father, U.S. President-elect Donald Trump, suggested Washington annex the autonomous Danish territory.

(Ritzau Scanpix/AFP via Getty Images)

Trump’s ‘America First’ is now just imperialism

In early 2025, before Donald Trump was even sworn into office, he sent a plane with his name in giant letters on it to Nuuk, Greenland, where his son, Don Jr., and other MAGA allies preened for cameras and stomped around the mineral-rich Danish territory that Trump had been casually threatening to invade or somehow acquire like stereotypical American tourists — like they owned it already.

“Don Jr. and my Reps landing in Greenland,” Trump wrote. “The reception has been great. They and the Free World need safety, security, strength, and PEACE! This is a deal that must happen. MAGA. MAKE GREENLAND GREAT AGAIN!”

Keep ReadingShow less
The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

Political Midterm Election Redistricting

Getty images

The Common Cause North Carolina, Not Trump, Triggered the Mid-Decade Redistricting Battle

“Gerrymander” was one of seven runners-up for Merriam-Webster’s 2025 word of the year, which was “slop,” although “gerrymandering” is often used. Both words are closely related and frequently used interchangeably, with the main difference being their function as nouns versus verbs or processes. Throughout 2025, as Republicans and Democrats used redistricting to boost their electoral advantages, “gerrymander” and “gerrymandering” surged in popularity as search terms, highlighting their ongoing relevance in current politics and public awareness. However, as an old Capitol Hill dog, I realized that 2025 made me less inclined to explain the definitions of these words to anyone who asked for more detail.

“Did the Democrats or Republicans Start the Gerrymandering Fight?” is the obvious question many people are asking: Who started it?

Keep ReadingShow less