Now let’s get rid of these commissions! • Commissions are given to the Secretary of State • Jefferson told Madison not to give the commissions to people. I want my commission! • James Marbury • JP • Madison says no • Gets a writ of mandamus • Writ of command • Madison says NO! • • • • • • Marbury vs. Madison John Marshall and the Supremes Writ of mandamus was the right thing Where he got it was wrong. Supreme Court can’t issue writs of mandamus Judiciary Act of 1789 was unconstitutional! (Judicial Review) Ouch! Federal Judiciary is stronger than he thought • Let’s go after the Court! Justice Samuel Chase • • • • Justice of the Supreme Court Jerk Talked trash about Jefferson Logical guy for Jefferson to go after! Triumph for Checks and Balances • Guilty of bad manners, not high crimes and misdemeanors War with Tripoli • Barbary pirates sailed the Mediterranean Sea and demanded payment for being in their lake • Ships captured enemy ships held their crews for ransom or enslave them. • United States refused to pay the tribute • • • • • • • What will Jefferson DO? Opposed the expense of maintaining a navy Pasha of Tripoli cut down flag May 14, 1801 AAH!!!!!!!!!!!!!!!!!!!!! American naval squadron to the Med Special "Mediterranean Fund“ “Jeffs” • Small ships • One cannon We won! Hurricane got rid of all of the “jeffs” • What is going on in Europe? Let’s kill the Brits! • Haven’t had a war with Britain in 22 months. • Need Money!!!!! The Plan 2 Small Glitches in the Plan • Santo Domingo is in the middle of a slave revolt • New Orleans is owned by the Spanish Santo Domingo • General Toussaint L’Ouverture (1791) • Skilled in guerrilla warfare • Napoleon wanted it back. Treaty of San Il de Fonso • Spain gave control of New Orleans and all of the Louisiana territory Napoleon in Louisiana I don’t think so. • A powerful France is not a good neighbor • France and Britain might join forces against us • If France quarreled with the Brits, we might be caught in the middle. We need to own New Orleans! • James Monroe • • • • • • $10 Million • New Orleans • Land east of New Orleans Why has Napoleon changed his mind? Santo Domingo became Napoleon’s “Vietnam” Failed • Disease • Heat • Guerrilla warfare I’m sure you’ll make the best of it! Is this constitutional? Jefferson • Looking in the constitution • Amendment Finally • elastic clause Later got Senate's consent I don’t know the way! What are we looking for? 1804 Election What about Burr? • Fails because of Hamilton Boom, boom, Crunch, Crunch • http://www.ifilm.com/ifilmdetail/2423866?htv=12&htv=12 • Read about Burr and his 2nd Conspiracy • C--Page 235 • R—p. 155 What is going on in Europe? • Trafalgar • English navy over French and Spanish navies Trafalgar Square Economic War • Orders in Council • Any ship going to the continent of Europe, has to be inspected in Great Britain. Leopard-Chesapeake Incident Two can play this game! • We will show them! • We won’t trade with anyone! • Embargo Act of 1807 • Forbad any trade with any country • HOW? • ELASTIC CLAUSE Two times Jeff used the elastic clause • Louisiana Purchase • Embargo Act • Strict Construction???? So many problems! Jefferson leaves!