TIP: Click on subject to list as thread! ANSI
echo: aust_ads
to: Rod Speed
from: Tim Epstein
date: 1995-08-25 22:16:00
subject: Do you need a $100,000.00

> BG> PO Box numbers ONLY are now illegal for mail-order ads.

 > The federal government has no power under the
 > constitution
 > to say that. The state governments do have that power.

I think you're confused about states' powers regarding mail order in terms
of freedom of trade, which is indeed a state perogative, as the Federal
Governmnet discovered when they tried to outlaw x-rated mail order videos.

However, PO Box numbers are a different issue altogether, and come under
the Federal Postal and Telecommunications Act, which has Federal authority
and is a direct decendant from the Post Master General days. Postal
services were given to the Federal government under the constitution at
Federation.

As such, it is the perogative of the Federal Government to enact
legislation in respect of postal services. It was indeed the Federal
Government that legislated an amendment to the abovementioned Act that
provided that a P.O box on its could not be used in Mail Order marketing.
As this issue is related to the postal service, and not interstate trade,
it is constitutionally enforcable by the Federal government.

Tim

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