Notes 1 3 Marbury vs Madison 1803 Midnight

Notes 1 3. Marbury vs. Madison, 1803 • Midnight appointments of Adams. • Chief Justice John Marshall • Judicial Review • Power of Supreme Court to declare a law unconstitutional SCAPP (Di) - - -

Although the Supreme Court, which had a Federalist majority, denied Marbury, also a Federalist, his commission (appointment to become a judge), the Court established a far more principle. • THE SUPREME COURT INTERPRETS WHAT THE CONSTITUTION MEANS AND CAN DECLARE A LAW UNCONSTITUTIONAL WHICH IS CALLED JUDICIAL REVIEW • THE CONSTITUTION IS THE SUPREME LAW OF THE LAND THE

Notes 2 2. Jefferson’s Achievements: • Secured westward expansion • Louisiana Purchase

Spanish Land 1800 • Great Britain after the Revolution. • United States after War • Spanish land after Revolution New Orleans

French Land in 1801 • Great Britain after the Revolution. • United States after War • Spanish land New Orleans

• 1800, France acquired Spanish Louisiana & New Orleans • Because of pressure from the west and national security threats, Jefferson offered to buy New Orleans from France • Offered Napoleon $10 million to buy New Orleans • If sale fails, instructed to seek alliance with England

French Land in 1801 • Great Britain after the Revolution. • United States after War • Spanish land New Orleans

Louisiana purchase • Since Napoleon was at war with Great Britain he offered entire Louisiana Territory to US for $15 million • Needed the money for his war with Great Britain • Jefferson purchased Louisiana Territory for $15 million, about 3 cents an acre • Doubled the size of the US • Jefferson’s greatest accomplishment • Why? Didn’t fight a war, no blood shed.

Notes 2 3. Jefferson’s Achievements: • Secured westward expansion • Louisiana Purchase • Was it constitutional?

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. ” LP Constitutional ?

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” LP Constitutional ?

Notes 2 3. Jefferson’s Achievements: • Secured westward expansion • Louisiana Purchase • Was it constitutional? • Lewis and Clark

Expansion of the United States Map 6 of 45

Expansion of the United States with Louisiana Purchase 1803 Map 7 of 45

• Spring, 1804: Jefferson sends personal secretary Meriwether Lewis and army officer William Clark to explore north Louisiana • Corp of Discovery: 48 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

• 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

Map LP/3

Notes 2 3. Jefferson’s Achievements: • Secured westward expansion • Louisiana Purchase • Lewis and Clark 4. Hamilton vs. Burr

§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 embargo 1

§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 embargo 1

§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

embargo 1

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-incouncil 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.

impressment Impressment An act of kidnapping a ship, its contents, men and forcing them into your navy § 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.

Chesapeake affair • 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 article 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. ” Most Americans were angered over this incident and public opinion was to go to war with the British.

• 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. embargo 1

• Reasoning: Since England 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 embargo 2

embargo 2 A Federalist circular in Massachusetts against the embargo cried out, • American people were hostile towards Jefferson “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!!!” • 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…… “Our ships all in motion, Once whiten’d the ocean; They sail’d and return’d with a Cargo; Now doom’d to decay They are fallen a prey, To Jefferson, worms and EMBARGO. ”