Was the Louisiana Purchase Constitutional?
When controversy erupted over whether the Louisiana Purchase was constitutional, members of both parties contorted themselves into positions seemingly contrary to their core principles. While Federalists generally favored a liberal interpretation of the U.S. Constitution and a powerful executive, they argued that the president lacked the explicit constitutional authority to acquire new territory.
A champion of a limited federal government who favored a strict interpretation of the Constitution, Jefferson initially agreed. “The general government has no powers but such as the Constitution gives it,” he wrote to John Dickinson in 1803, “and it has not given it a power of holding foreign territory, and still less of incorporating it into the Union. An amendment of the Constitution seems necessary for this.”
Jefferson’s cabinet argued that such an amendment was unnecessary and that the president’s power to purchase land was implied in the Constitution’s treaty-making provisions. After spending weeks wrestling with his conscience and drafting an amendment, Jefferson abandoned his constitutional qualms when news arrived that Napoleon might be having second thoughts on the transaction. “Even if all the politics aligned perfectly, the notion of being able to craft an amendment, get it through Congress and send it to the states for ratification would have far exceeded the available timeframe,” Kukla says.
To Jefferson, the deal was too good to slip away over a constitutional argument. “The less that is said about any constitutional difficulty, the better,” Jefferson wrote to Attorney General Levi Lincoln. “It will be desirable for Congress to do what is necessary, in silence.”
With limited debate, the U.S. Senate on October 20, 1803, ratified the acquisition by a 24-7 vote, with only one Federalist senator crossing the aisle. Jefferson signed the agreement on October 31, with the United States taking formal possession of the territory before the end of the year.