Skip to content
Search

Latest Stories

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

An empty grocery cart in a market.

NYC Mayor Zohran Mamdani proposes five city-run grocery stores. See the arguments for and against, from food deserts to bodega concerns and the $70M cost.

Getty Images, Kwangmoozaa

Government-Owned Grocery Stores: Accessible Nutrition or Government Overreach?

Issue Introduction

Over the past few years, affordability has become the most central issue affecting Americans and the quality of life in the United States. The prices of groceries and basic necessities have risen 25-30% since the COVID-19 pandemic and are projected to rise another 3.2% in 2026. At the same time, the exodus of grocery chains from rural and low-income areas has scattered food deserts throughout individual states. Recent mass closures include Grocery Outlet’s shuttering of 36 stores and continued shut-downs of many Albertsons locations. These factors have led politicians to make affordability a major campaign issue.

During his progressive campaign for mayor of New York City, Zohran Mamdani raised the idea of opening grocery stores owned and operated by the city government to provide New Yorkers with affordable groceries. In his April 2026 public address that marked his first 100 days in office, Mayor Mamdani announced plans for the first of five city-run grocery stores. Mamdani’s proposed initiative will use $70 million in capital funding to build five city-owned municipal stores–one in each borough–and place them under control of the New York City Economic Development Corporation (NYCEDC). NYCEDC will then select third-party operating staff in accordance with city standards for affordability and proper labor practices. Public opinion following the announcement continues to be divided between uproar and support.

Keep ReadingShow less
​U.S. Defense Secretary Pete Hegseth

U.S. Defense Secretary Pete Hegseth testifies during a Senate Committee on Appropriations hearing on Capitol Hill in Washington, D.C., on July 21, 2026. Hegseth is crafting a strong and masculine identity for his audience as he reportedly contemplates a presidential run.

(Alex Wroblewski/AFP/Getty Images/TNS)

Politicians Can’t Just ’Give the People What They Want’

For reasons that will baffle my many detractors, I am often asked for advice about being an opinion journalist. One of my standard responses is: You have to be willing to disappoint your biggest fans.

What I mean is that if you start to see your job as telling fans what they want to hear, you risk becoming an entertainer rather than a thinker, and eventually you become a caricature. I’ve seen it happen numerous times. Patrick Buchanan was a brilliant columnist and a serious person. But over the course of his career, he listened too much to the people who said, “Go Pat, go!” and too little to friends who said, “I think that’s taking it too far.”

Keep ReadingShow less
White marble exterior of the United States Capitol, often called the Capitol Building, is the home of the United States Congress and the seat of the legislative branch of the U.S. federal government

Congress approval is at a record-low 10%. Moderation and consensus-building, not partisan theatrics, are how Washington gets problems solved.

Richard Sharrocks / Getty Images

Reclaiming the Politics of the Possible

Washington is stuck in a cycle of performative conflict. The incentives seem to reward outrage, not outcomes that last; purity tests, not problem‑solving. So it’s no surprise that after three shutdowns in less than a year, public approval of Congress collapsed to just 10 percent this spring. (Gallup, April 2026.) But the country we live in — where many middle-income families report persistent financial strain and businesses are navigating unprecedented technological upheaval — cannot be governed by theatrics. Breaking this cycle requires moderation, consensus‑building, and a cooperative approach to governance.

This is not a call for centrism as an ideology. Instead, this is a call for transformative leaders to embrace moderation as their governing strategy, recognizing that in a pluralistic country of nearly 350 million people durable solutions require broad and stable alliances. Ultimately, this is a call for the 240 million of us who are eligible to vote in November to elect consensus-builders instead of bomb-throwers, and healers instead of arsonists.

Keep ReadingShow less
Adult man holds a microphone while asking a question during a town hall meeting.

Congress ignored 90% of public support for background checks. Learn how citizen assemblies and sortition helped Ireland break gridlock and could work in the US.

SDI Productions/Getty Images

Consensus Without Power: How Sortition Could Break America's Legislative Gridlock

In April 2013, four months after the Sandy Hook Elementary shooting killed twenty children, the US Senate voted on the Manchin-Toomey Act to expand background checks and to include gun-show and internet sales of firearms. Roughly nine in ten Americans, including a majority of gun owners, supported the bill—a figure that has held steady across more than a decade of polling. It fell short of the 60-vote threshold by six votes. This was not an outlier. On complex issues, representatives often fail to translate public consensus into reality. Research shows that legislators consistently vote in line with donor and interest group preferences over constituent opinion. Before the vote, the National Rifle Association (NRA) warned every senator it would “rate” their vote on its annual rating system, and a low NRA rating could cost senators their next primary. Consequently, the bill died 54-46, and the majority of Americans watched, powerless, as their consensus was overridden by self-interested representatives.

Liberal democracies need a method to bypass electoral incentives that run counter to public opinion. One already exists: Ireland faced the same stalemate on complex issues before it instituted a process called sortition. The beauty of sortition lies in its removal of the primary pressure that misaligns representatives’ interests from public interest: reelection. Much like jury duty, citizens are randomly drawn from the population. An independent body then stratifies the pool, so the final group mirrors the country by age, gender, geography, and income. The group meets over weeks or months, hearing from experts and the public, as well as debating frequently. At the end, it issues a recommendation that parliament may then put to a referendum or pass into law.

Keep ReadingShow less