Placing the management of the postoffices with the general government secures greater efficiency and economy than would be possible if it were vested in the states.

[2] Congress generally uses roads already in existence.  These are regularly selected, however, and declared to be post roads before they are used as such.  The “road” may be a waterway.

But under authority of this clause congress has established some post roads.  The principal highway thus established was the Cumberland road from the Potomac to the Ohio.  The Union Pacific and Central Pacific railways were built under the authority and with the assistance of the United States as post and military roads.

Clause 8.—­Copyrights and Patents.

To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries.

No one denies that an author or inventor is entitled to a fair reward for what he has done.  But if every one were at liberty to print the book or to make the article invented, the due reward might not be received.

The wisdom of granting this power to the general government becomes apparent when we consider how poorly the end might be secured if the matter were left to the states.  A person might secure a patent in one state and be entirely unprotected in the rest.

For further information upon this subject, see pages 318-19.

Clause 9.—­United States Courts.

To constitute tribunals inferior to the Supreme Court.

Under this provision, congress has thus far constituted the following: 

1.  United States Circuit Courts of Appeal, one in each of the nine judicial circuits of the United States.

2.  United States Circuit Courts, holding at least one session annually in each state.

3.  United States District Courts, from one to three in each state.  See pages 307-9.

4.  A United States Court of Claims, to hear claims against the government.  Such claims were formerly examined by congress.

Although not strictly United States Courts, the following may also be mentioned here, because they were established under authority of this clause: 

1.  The Supreme Court of the District of Columbia.

2.  A Supreme Court and District Courts in each territory.

“Constituting” these courts involves establishing them, designating the number, appointment, and salaries of the judges, and the powers of each court.  The term of United States judges is “during good behavior.”  This is fixed by the constitution (Art.  III., section 1).  The term of a territorial judge is four years.

Clause 10.—­Crimes at Sea.

To define and punish piracies[1] and felonies[2] committed on the high seas[3] and offenses against the law of nations.[4]