does the president have the right to purchase land if it is not expressed in the us constitution?...

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Does the President have the right to purchase land if it is not expressed in the US Constitution? Jefferson used implied powers or loose construction to justify his decision “It was for the best interest of the nation. It is the case of a guardian, investing the money of his ward in purchasing an important adjacent territory; and saying to him when of age, I did this for your good; I pretend to no right to bind you; you may disavow me, and I must get out of the scrape as I can: I thought it my duty to risk myself for you.” Madison to Jefferson “Mr. President, you are only extending this republic over a larger area of land.”

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Page 1: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

Does the President have the right to purchase land if it is not expressed in the

US Constitution?Jefferson used implied powers or loose

construction to justify his decision“It was for the best interest of the nation. It is the case of a

guardian, investing the money of his ward in purchasing an important adjacent territory; and saying to him when of age, I did this for your good; I pretend to no right to

bind you; you may disavow me, and I must get out of the scrape as I can: I thought it my duty to risk myself for

you.”

Madison to Jefferson

“Mr. President, you are only extending this republic over a larger area of land.”

Page 2: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

Does the President have the right to purchase land if it is not expressed in

the US Constitution?

•Hamilton and Federalists were against this purchase

•Why? Population shift take Federalist power away in Congress

•Feared Jefferson’s vision of an “agrarian society”

•Jefferson referred to this as his “valley of democracy”

Page 3: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

Map 6 of 45

Expansion of the United StatesExpansion of the United States

Page 4: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

Map 7 of 45

Expansion of the United Stateswith Louisiana Purchase 1803

Expansion of the United Stateswith Louisiana Purchase 1803

Page 5: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

•Spring, 1804: Jefferson sends personal secretary Meriwether

Lewis and army officer William Clark to explore north Louisiana

•Corp of Discovery: 28 men who accompanied Lewis/Clark.

•Exploration yielded maps, knowledge of Indians, overland trail

to Pacific

•President Jefferson wanted to find the Northwest Passage

•United States’ claim to the Pacific Northwest

•Spring, 1804: Jefferson sends personal secretary Meriwether

Lewis and army officer William Clark to explore north Louisiana

•Corp of Discovery: 28 men who accompanied Lewis/Clark.

•Exploration yielded maps, knowledge of Indians, overland trail

to Pacific

•President Jefferson wanted to find the Northwest Passage

•United States’ claim to the Pacific Northwest

Page 6: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

• Interpreter and guide for Lewis and Clark

• Her knowledge of trails and mountain passes helped with the success of the expedition.

• She was also a “diplomat” for Lewis and Clark. Many tribes

had never seen white men before.

• Her presence with a baby was looked upon as good and

Lewis and Clark were considered peaceful.

• Interpreter and guide for Lewis and Clark

• Her knowledge of trails and mountain passes helped with the success of the expedition.

• She was also a “diplomat” for Lewis and Clark. Many tribes

had never seen white men before.

• Her presence with a baby was looked upon as good and

Lewis and Clark were considered peaceful.

Page 7: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

Angered by an insulting remark

attributed to Hamilton,

Burr challenged the Federalist leader to a duel and fatally shot

him

Angered by an insulting remark

attributed to Hamilton,

Burr challenged the Federalist leader to a duel and fatally shot

him

Hamilton’s death in 1804 deprived the Federalists of their last great leader and earned

Burr the enmity of many

Hamilton’s death in 1804 deprived the Federalists of their last great leader and earned

Burr the enmity of many

Page 8: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

Secretly forming a political pact with some radical New

England Federalists. Burr planned to win the

governorship of New York in 1804.

Unite that state with the New England states, and then lead this group of states to secede

from the nation

Secretly forming a political pact with some radical New

England Federalists. Burr planned to win the

governorship of New York in 1804.

Unite that state with the New England states, and then lead this group of states to secede

from the nation

Most Federalists followed Alexander Hamilton in opposing Burr, who was defeated in the New York election The conspiracy then disintegrated

Most Federalists followed Alexander Hamilton in opposing Burr, who was defeated in the New York election The conspiracy then disintegrated

Page 9: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

In 1806, Burr planned to take Mexico from Spain

and possibly unite it with Louisiana under his

rule

Jefferson learned of the conspiracy and ordered

Burr’s arrest and trial for treason

In 1806, Burr planned to take Mexico from Spain

and possibly unite it with Louisiana under his

rule

Jefferson learned of the conspiracy and ordered

Burr’s arrest and trial for treason

A jury acquitted Burr, basing its decision on Marshall’s narrow definition of treason and the

lack of witnesses to any “overt act” by Burr

A jury acquitted Burr, basing its decision on Marshall’s narrow definition of treason and the

lack of witnesses to any “overt act” by Burr

Page 10: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

Barbary raids

Page 11: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

1801: Pasha of Tripoli was not happy with his share of dollars Informally

declared war on US.

1801: Pasha of Tripoli was not happy with his share of dollars Informally

declared war on US.

Pacifist Jefferson reluctantly dispatched navy, secured peace for

$60,000 ransom for American sailors.

Pacifist Jefferson reluctantly dispatched navy, secured peace for

$60,000 ransom for American sailors.

Page 12: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

Small gunboats used with some success in Tripoli Jefferson interested in their cost

savings. “Mosquito fleet” of 200 small

gunboats constructed. War of 1812: these boats would

prove to be ineffective.

Page 13: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

Berlin Decree (1806), Milan Decree (1807):

These decrees issued by Napoleon dealt with shipping and led to the War of 1812. The Berlin Decree initiated

the Continental System, which closed European ports to ships which had docked in Britain. The Milan Decree

authorized French ships to seize neutral shipping vessels trying to trade at British ports. 

Orders-in-council British laws which led to the War of 1812. Orders-in-council passed in 1807 permitted the impressment of sailors and forbade neutral ships from visiting ports

from which Britain was excluded unless they first went to Britain and traded for British goods. 

Page 14: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

1806: England closed ports under French control to foreign

shipping (incl. US), seized US ships &

impressed Americans.

Napoleon ordered seizure of all merchant

ships that entered British ports.

Page 15: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

• 1806, Chesapeake was a US merchant ship 10 miles off the coast of Virginia. A British ship in the region ordered it to stop.

• British fired 3 shots at the Chesapeake before it surrendered

• 3 Americans were killed, 18 wounded and 4 sailors impressed

• 1806, Chesapeake was a US merchant ship 10 miles off the coast of Virginia. A British ship in the region ordered it to stop.

• British fired 3 shots at the Chesapeake before it surrendered

• 3 Americans were killed, 18 wounded and 4 sailors impressed

Chesapeake affair

Page 16: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

Most Americans were angered over this incident and public opinion was to go to war with the British.

Most Americans were angered over this incident and public opinion was to go to war with the British.

Regarding the Chesapeake Affair, the Washington

Federalist reported,

“We have never, on any occasion, witnessed the spirit

of the people excited to so great a degree of indignation, or such a thirst for revenge,

as on hearing of the late unexampled outrage on the

Chesapeake. All parties, ranks and professions were

unanimous in their detestation of the dastardly

deed, and all cried aloud for vengeance.”

Page 17: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

• Jefferson’s response to the

Chesapeake Affair was the Embargo

Act of 1807….• Short of war,

Jefferson attempted to defend our

neutrality by stopping all

American exports to the world.

• Jefferson’s response to the

Chesapeake Affair was the Embargo

Act of 1807….• Short of war,

Jefferson attempted to defend our

neutrality by stopping all

American exports to the world.

Page 18: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

• Reasoning: Since England and France were at war with one another and traded for most of their natural resources with U.S., if we cut off

our exports to them it would force them to respect our neutrality….THIS IS CALLED

ECONOMIC COERCION. • It would have the reverse effect……

• The Embargo Act not only hurt France and Britain but it also hurt U.S. trade which was

our economic survival as a nation. As a result, many Americans defied the law and began to

smuggle goods from these countries as well as others.

• Hurt American businesses• New Englander’s shift from trade to industry• U.S. smuggled• New England talked of secession…..• Lasted 15 months, repealed in March of 1809

• Reasoning: Since England and France were at war with one another and traded for most of their natural resources with U.S., if we cut off

our exports to them it would force them to respect our neutrality….THIS IS CALLED

ECONOMIC COERCION. • It would have the reverse effect……

• The Embargo Act not only hurt France and Britain but it also hurt U.S. trade which was

our economic survival as a nation. As a result, many Americans defied the law and began to

smuggle goods from these countries as well as others.

• Hurt American businesses• New Englander’s shift from trade to industry• U.S. smuggled• New England talked of secession…..• Lasted 15 months, repealed in March of 1809

Page 19: Does the President have the right to purchase land if it is not expressed in the US Constitution? implied powersloose construction Jefferson used implied

• American people were hostile towards Jefferson

• Referred to the Embargo as “Dambargo, Mobrage,

Go Bar Em”….• Would be replaced by the

Non-Intercourse Act by President Madison which allowed U.S. exports and

trade but not with France and Great

Britain……

embargo2

“Our ships all in motion,Once whiten’d the ocean;

They sail’d and return’d with a Cargo;Now doom’d to decayThey are fallen a prey,

To Jefferson, worms and EMBARGO.”

A Federalist circular in Massachusetts against the embargo cried out,

“Let every man who holds the name of America dear to him , stretch forth his hands

and put this accursed thing, this Embargo from him. Be resolute, act like sons of liberty,

of God, and your country; nerve your arms with vengeance against the Despot (Jefferson)

who would wrest the inestimable germ of your Independence from you---and you shall

be Conquerors!!!”