This seems unambiguously up to Congress since a “post office and postal roads” are specifically mentioned as part of Article I of the constitution but who the fuck knows in the Calvinball judicial era?
Just to be clear, it says, “may” setup a post office not “shall” and some FedEx executive with a briefcase full of cash could probably convince at least 4 SCOTUS judges to vote for something. But Jeff Bezos and whoever owns the greeting card industry — Hallmark, I guess — might have larger briefcases of cash so we’ll see who wins. (Not us. We’re losing either way. But Amazon vs. FedEx and every company that has to mail records by law — health insurance and banks probably being the big ones — means nothing is guaranteed and it’ll take decades of court cases to sort out.)
I wish these articles would note that Congress gets a say. I know there’s a slim Republican majority in both houses but that’s not enough in the Senate.
Obviously, a lot can be done by executive order and that reconciliation exists. The tax credit would qualify for reconciliation bills and could easily be doomed. But half these articles act like Trump won’t face any resistance, even from within his own party.