Did the Constitution permit the purchase of Louisiana?

OCR: 5 cited passage(s) are machine-read (OCR) text of old printings; quotations reproduce the stored OCR text, misreadings included.

1. WHAT HE SAID (the record)

Record ledger

• ACTION (editor's note) (1789-09-30; editor's note, not his words): Thomas Jefferson bought the territory and first thought to ask for an amendment to the Constitution that would expressly ratify the act. The passage reports that when the question was discussed, it was found that his act was so universally approved that it was not considered necessary even to ask for an amendment. (key quote above) [1]
• ACTION (editor's note) (about 1792, editor's note; editor's note, not his words): The editor states that Thomas Jefferson's political career was personally affected by the question of the freedom of the river, and that the matter was of immense national importance due to its influence on Western development and the unifying effect in the South for the Democratic party. The editor also notes that the purchase of Louisiana triumphantly ended the question. "Only by realizing the importance of this matter, veiled as it was in the actual party conflicts of the day, is it possible to understand the constant recurrence of the question, till triumphantly ended by the purchase of Louisiana." [2]
• BELIEF (1803-08-12): Thomas Jefferson believed that the Constitution did not permit the purchase of Louisiana, because it made no provision for holding foreign territory or incorporating foreign nations into the Union. He acknowledged that the Executive had acted beyond the Constitution in making the purchase. (key quote above) [3]
• BELIEF (1803-09-07): Thomas Jefferson believed that the Constitution did not explicitly authorize the purchase of Louisiana, and that treaty-making powers should be strictly construed to avoid making the Constitution a 'blank paper by construction.' He argued that the federal government's powers were limited to those specified in the Constitution, and that any necessary enlargement of power should be obtained through amendments rather than assumed by construction. (key quote above) [4]
• BELIEF (1803-09-07): Thomas Jefferson believed the Constitution permitted Congress to admit new States into the Union only if they were formed out of the territory for which, and under whose authority alone, the Constitution was acting. He argued this to counter a different interpretation. "I cannot help believing the intention was to permit Congress to admit into the Union new States, which should be formed out of the territory for which, & under whose authority alone, they were then acting." [5]
• STATED REASON (undated): Thomas Jefferson acknowledged that the Louisiana Purchase was outside the strict letter of the Constitution, but he argued that practical statesmanship often requires acting beyond theoretical constitutional dogma. "He was the leader of the strict constructionists and this act was outside of the strict letter of the Constitution." [6]
• ACTION (editor's note) (undated; editor's note, not his words): Thomas Jefferson avowed that the purchase of Louisiana was in violation of the Constitution, and he thought it should be ratified by an amendment. "The most remarkable instance of his adherence to his principles of Constitutional construction was in his purchase of Louisiana, which he avowed was in violation of the Constitution, but which was of such vital and transcendent importance to the unity and welfare" [7]
• ACTION (editor's note) (undated; editor's note, not his words): Jefferson consummated the purchase of Louisiana in 1803. The Federalists argued it violated the Constitution, but Jefferson relied on Congress to ratify it with minimal debate, particularly avoiding discussion of constitutional difficulties. "Jefferson consummated the purchase of so much landed territory as more than doubled our territorial extent." [8]
• ACTION (undated): Thomas Jefferson signed the act to purchase Louisiana on October 20, 1803. The passage records this action but does not state whether he believed the Constitution permitted it. "The Louisiana Purchase was, by common consent, the supreme act of the administration of Thomas Jefferson as President, though he makes no reference" [9]

What cuts against it

• The contrary-evidence entries are already in the record ledger above: [1], [2].

2. HOW IT APPLIES (reasoning; inference is marked)

1. Jefferson believed the Constitution did not explicitly authorize the purchase of Louisiana, as it made no provision for holding foreign territory or incorporating foreign nations into the Union. (key quote above) [3]

2. He argued that treaty-making powers should be strictly construed to avoid making the Constitution a 'blank paper by construction.' (key quote above) [4]

3. Jefferson believed the Constitution permitted Congress to admit new States into the Union only if they were formed out of the territory for which, and under whose authority alone, the Constitution was acting. "I cannot help believing the intention was to permit Congress to admit into the Union new States, which should be formed out of the territory for which, & under whose authority alone, they were then acting." [5]

4. Despite his belief that the purchase was outside the strict letter of the Constitution, Jefferson acknowledged that practical statesmanship often requires acting beyond theoretical constitutional dogma. "He was the leader of the strict constructionists and this act was outside of the strict letter of the Constitution." [6]

5. The editor notes that Jefferson's act was so universally approved that it was not considered necessary to ask for an amendment, even though he initially thought it should be ratified by one. (key quote above) [1]

3. HIS TAKE

Record coverage: PARTIAL

The record is silent on whether the Constitution explicitly permitted the purchase of Louisiana. However, Jefferson believed it did not, and he argued that any necessary enlargement of power should be obtained through amendments rather than assumed by construction.

Extrapolation: Jefferson likely believed the purchase of Louisiana was unconstitutional under strict construction, but he proceeded with it due to its vital importance to the nation's unity and welfare.

Competing readings: The editor suggests that Jefferson's act was so universally approved that it was not considered necessary to ask for an amendment, indicating a practical acceptance of the purchase despite constitutional concerns.

Confidence: Moderate, as the record shows Jefferson's belief in the unconstitutionality of the purchase but also the practical acceptance of it by Congress and the public.