The Louisiana Purchase: Was It Constitutional?

The Louisiana Purchase of 1803 was a seminal moment for the fledgling United States, as it doubled the size of the country. The purchase was made by President Thomas Jefferson, who sent envoys to France to negotiate the acquisition of the territory from Napoleon. While the purchase was popular with the majority of Americans, there was vocal opposition from the Federalist Party, who argued that it was unconstitutional. The ability to buy property from foreign governments was not among the powers listed in the Constitution, and some believed that the purchase set a dangerous precedent for future presidents to ignore the Constitution's restraints. However, others, including Madison, the Father of the Constitution, assured Jefferson that the purchase was well within even the strictest interpretation of the Constitution. The Senate quickly ratified the treaty, and Louisiana became a state in 1812.

Explore related products

The Louisiana Purchase: A History Just for Kids

$14.99 $14.99

Louisiana Purchase (Ready-for-Chapters)

$6.29 $6.99

Jefferson's Great Gamble: The Remarkable Story of Jefferson, Napoleon and the Men behind the Louisiana Purchase

$7.6 $19.99

The Louisiana Purchase (Making a New Nation)

$9.99

The Louisiana Purchase (Turning Points in History Book 2)

$9.67 $10.95

The Louisiana Purchase: A Captivating Guide to a Major Turning Point in the History of the United States of America

$13.34 $14.95

The Louisiana Purchase treaty was signed on October 31, 1803, and doubled the size of the United States

The Louisiana Purchase treaty was signed on April 30, 1803, and was ratified on October 31, 1803, doubling the size of the United States. The treaty was signed by Robert Livingston, James Monroe, and François Barbé-Marbois. The United States purchased 828,000 square miles of land west of the Mississippi River from France for $15 million, which averages to less than three or four cents per acre. The total of $15 million is equivalent to about $371 million in 2023 dollars.

The Louisiana Purchase was promoted by President Thomas Jefferson, who sent James Monroe to France in 1803 to join Robert R. Livingston in negotiating the purchase of some part of the territory from the Napoleon regime. Jefferson was familiar with the French due to his time in Europe as an American envoy and understood the potential military danger France posed if they controlled the Mississippi River. Livingston and Monroe were authorized to pay France up to $10 million for New Orleans and its environs, but they were offered the entire territory of Louisiana for $15 million and swiftly agreed to the higher price.

The Louisiana Purchase was not without opposition, as many believed that Jefferson was acting hypocritically and inconsistently, given his position as a strict constructionist regarding the Constitution. The Federalists strongly opposed the purchase, citing the cost involved, their belief that France would not have been able to resist U.S. and British encroachment into Louisiana, and Jefferson's perceived hypocrisy. They also tried to prove that the land belonged to Spain, not France, but available records proved otherwise. The Federalists argued that the purchase was unconstitutional, as the ability to buy property from foreign governments was not among the powers listed in the Constitution.

However, Jefferson and his supporters argued that the purchase was constitutional. Madison, the "Father of the Constitution," assured Jefferson that the Louisiana Purchase was within even the strictest interpretation of the Constitution. Treasury Secretary Albert Gallatin added that the power to negotiate treaties was specifically granted to the president, and the only way extending the country's territory by treaty could not be a presidential power was if it were specifically excluded by the Constitution, which it was not. Jefferson ultimately concluded that the purchase was to protect the citizens of the United States, making it constitutional.

The purchase was made for $15 million, exceeding what the Americans were authorised to spend

The Louisiana Purchase was a seminal moment for the newly formed United States. The $15 million deal doubled the size of the country, encompassing 15 states and 828,000 square miles of land. However, the purchase exceeded what the Americans were authorised to spend.

President Thomas Jefferson had instructed his envoys, James Monroe and Robert Livingston, to purchase New Orleans and West Florida for up to $10 million. However, when they arrived in France, they were offered the entire territory of Louisiana for $15 million. This exceeded their instructions, but they agreed to the deal, fearing that Napoleon might withdraw the offer at any time.

The purchase was not without domestic opposition, particularly from the Federalist Party, based primarily in the northeastern states. The Federalists opposed the purchase on economic and constitutional grounds. They argued that the purchase was unconstitutional, as the ability to buy property from foreign governments was not among the powers listed in the Constitution. They also believed that Jefferson, a strict constructionist, was acting hypocritically by stretching the intent of the Constitution to justify the purchase.

However, Madison, the "Father of the Constitution", assured Jefferson that the purchase was well within even the strictest interpretation of the Constitution. Treasury Secretary Albert Gallatin added that the power to negotiate treaties was specifically granted to the president, and extending the country's territory by treaty was not specifically excluded by the Constitution.

The Senate quickly ratified the treaty, and the House authorised the required funding. The fledgling United States did not have $15 million in its treasury, so it borrowed the sum from British and Dutch banks at an annual interest rate of six percent.

The acquisition of Louisiana was opposed by Federalists, who argued it was unconstitutional

The Louisiana Purchase was a seminal moment for the fledgling United States, doubling the size of the country and encompassing 15 states. The acquisition of the territory from the French First Republic in 1803 was promoted by President Thomas Jefferson, who was eager to gain control of the Mississippi River port of New Orleans. However, the purchase was not without opposition, particularly from the Federalist Party, who argued that it was unconstitutional.

The Federalists' opposition to the Louisiana Purchase was based on several factors. Firstly, they argued that the purchase was unconstitutional as the ability to buy property from foreign governments was not among the powers listed in the Constitution. They pointed out that specific powers were reserved for the President and the Executive Branch, and acquiring foreign territory was not one of them. This strict interpretation of the Constitution was shared by President Jefferson himself, who considered a constitutional amendment as the only way to justify the purchase.

Secondly, the Federalists had economic concerns, particularly related to agriculture and land speculation. They feared that Western farmers would gain a new outlet for their crops that bypassed New England ports. Additionally, many Federalists were speculators in lands in upstate New York and New England, and they worried that farmers would now migrate west instead of buying their land. This would dilute the political power of the New England Federalists and potentially lead to the formation of new Western states that would likely be Republican.

The Federalists also had concerns about the citizenship status of the inhabitants of Louisiana, including French, Spanish, and free black people living in New Orleans. They questioned whether it was proper to grant them citizenship as dictated by the treaty. Furthermore, they worried about the potential increase in the number of slave-holding states created from the new territory, which could exacerbate divisions between the North and South.

While the Federalist opposition failed to prevent the ratification of the treaty, some Federalists continued to view the Louisiana Purchase as unconstitutional. However, the purchase was never questioned in court, and years later, Supreme Court Chief Justice John Marshall affirmed the government's power to acquire territory through treaty in his decision in American Insurance Co. v. Canter.

Explore related products

Louisiana: A History

$37.87 $45.95

A Wilderness So Immense: The Louisiana Purchase and the Destiny of America

$4.99 $21

Louisiana: A Captivating Guide to Its Unique History, from Early Peoples and the Big Land Buy to Important Battles and Beyond (The History of U.S. States)

$15.01

The Louisiana Purchase (History Channel) [DVD]

$37.91

The Great Expansion: The Louisiana Purchase for Kids (History Just for Kids)

$19.99 $19.99

The Louisiana Purchase: Would You Close the Deal? (What Would You Do?)

$9.81 $11.53

Jefferson, a strict constructionist, was concerned about the purchase's constitutionality but ultimately decided to ignore legalistic interpretations

Thomas Jefferson, the third president of the United States and a strict constructionist, initially had concerns about the constitutionality of the Louisiana Purchase. As a strict constructionist, Jefferson believed in a limited interpretation of the Constitution, adhering closely to the text as it was originally written. He was cautious and hesitant about expanding the powers of the federal government beyond what was explicitly outlined in the founding document.

When the opportunity to acquire the vast Louisiana territory from France presented itself, Jefferson faced a dilemma. On one hand, the purchase would double the size of the young nation and provide significant economic and strategic advantages. On the other hand, the Constitution did not explicitly grant the federal government the power to acquire new territory.

Jefferson's strict constructionist interpretation of the Constitution led him to question whether the purchase would be constitutional. He recognized that the acquisition of Louisiana would involve a significant expansion of presidential power and a broad interpretation of the Constitution. However, he also understood the immense potential benefits of the purchase for the United States.

Ultimately, Jefferson decided to set aside his legalistic interpretations and move forward with the purchase. He justified this decision by arguing that the acquisition of Louisiana was a "convenient exchange" that would benefit both the United States and France. He also believed that the unique circumstances and the potential advantages for the nation outweighed the constitutional concerns. By doing so, Jefferson demonstrated a pragmatic approach, recognizing that a strict adherence to his interpretation of the Constitution in this case might hinder the growth and prosperity of the nation.

Jefferson's decision to proceed with the Louisiana Purchase despite his initial constitutional concerns highlights the complex nature of governance and the challenges faced by the early presidents of the United States. It also underscores the evolution of constitutional interpretation and the delicate balance between adhering to founding principles and adapting to the changing needs of a growing nation. In the end, Jefferson's willingness to set aside strict constructionism in this case had a significant impact on the shape and future of the United States.

The Louisiana Purchase set a precedent for the westward expansion of the United States

The Louisiana Purchase was a seminal moment for the United States. The 827,000 to 830,000 square mile territory acquired in the purchase doubled the size of the United States and set it on a course of westward expansion across the continent. The acquisition of the Louisiana territory was a land deal between the United States and France, negotiated by James Monroe and Robert Livingston, and signed on October 31, 1803. The territory stretched from the Mississippi River to the Rocky Mountains, and its size was equivalent to that of the United States at the time. The purchase was made from France for $15 million, although France did not have clear ownership of the land, as it was also claimed by Spain.

The Louisiana Purchase was not without domestic opposition, particularly from the Federalist Party, based primarily in the northeastern states. Federalists opposed the purchase due to economic self-interest, as they were concerned about the potential impact on the value of land they owned in the Northeast, as well as the potential for Western states to dilute their political power. There were also concerns about the constitutionality of the purchase, as the ability to buy property from foreign governments was not specifically listed as a power of the President and Executive Branch in the Constitution.

Despite these concerns, the Senate quickly ratified the treaty, with a vote of 24-7, and the House authorized the required funding. President Thomas Jefferson, a strict constructionist, justified the purchase by arguing that it was necessary to protect the citizens of the United States and that it fell within the powers of the President to negotiate treaties. The Louisiana Purchase treaty established precedents for the westward expansion of the United States, and the territory acquired would eventually encompass 13 to 15 new states, with Louisiana becoming the first in 1812.

Frequently asked questions