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The Senate approved this "Louisiana Purchase" by a vote of 24-7, ratifying it by more than the 2/3rds required by the Constitution to approve treaties.  Then, in 1804, Jefferson arranged for Meriwether Lewis, who was his secretary, to explore the territory west of Mississippi acquired in this Louisiana Purchase.  Lewis chose William Clark, a soldier, as his assistant and their joint effort became known as the Lewis and Clark Expedition (1804–1806).<ref>Later, in 1809, Lewis was found dead of multiple gunshot wounds and it remains a mystery to this day whether he was murdered; requests by his descendants to exhume Lewis's body to investigate whether he was murdered have been repeatedly denied by the executive branch of the federal government, which owns the national park where Lewis is buried.</ref>  This expedition took about two years to complete, as the explorers traveled all the way to the Pacific Ocean and back.

The Senate approved this "Louisiana Purchase" by a vote of 24-7, ratifying it by more than the 2/3rds required by the Constitution to approve treaties.  Then, in 1804, Jefferson arranged for Meriwether Lewis, who was his secretary, to explore the territory west of Mississippi acquired in this Louisiana Purchase.  Lewis chose William Clark, a soldier, as his assistant and their joint effort became known as the Lewis and Clark Expedition (1804–1806).<ref>Later, in 1809, Lewis was found dead of multiple gunshot wounds and it remains a mystery to this day whether he was murdered; requests by his descendants to exhume Lewis's body to investigate whether he was murdered have been repeatedly denied by the executive branch of the federal government, which owns the national park where Lewis is buried.</ref>  This expedition took about two years to complete, as the explorers traveled all the way to the Pacific Ocean and back.

In 1812, Louisiana because the first state admitted to the United States from this new territory.  Much later, in 1828, the Supreme Court held that the power of the federal government to govern new territories implicitly included the initial power to acquire new territories first.<ref>''American Insurance Co v. Canter'' (1 Peters 511).</ref>

In 1812, Louisiana because the first state admitted to the United States from this new territory.  Much later, in 1828, the Supreme Court upheld the power of a president to acquire new territory for the United States (as Thomas Jefferson did), based on a theory that the power of the federal government to govern new territories implicitly includes the initial power to acquire new territories in the first place.<ref>''American Insurance Co v. Canter'' (1 Peters 511).</ref>

Let's return to 1804.  Burr was then running for Governor of New York, which was one of the biggest and most powerful states.  By then, Hamilton published a newspaper in New York (the ''New York Post''), which still exists and is still conservative today.  Hamilton ran stories to defeat Burr.  After Burr lost, he challenged Hamilton to a duel.  In those days, one man could challenge anyone to a duel to fight to the death, and the other man had to defend his honor by accepting the challenge and fighting.  Duels were illegal in New York, but Burr insisted that they fight in New Jersey, where the law was less clear.  Many of our future Presidents were challenged to duels and fought in them, including [[Andrew Jackson]] and [[Abraham Lincoln]].  It was considered dishonorable to decline a challenge to a duel, but 50 years later (perhaps after duels had lost their grip on society) [[Stonewall Jackson]] did refuse to duel a student who had a conflict with him at the [[Virginia Military Institute]].

Let's return to 1804.  Burr was then running for Governor of New York, which was one of the biggest and most powerful states.  By then, Hamilton published a newspaper in New York (the ''New York Post''), which still exists and is still conservative today.  Hamilton ran stories to defeat Burr.  After Burr lost, he challenged Hamilton to a duel.  In those days, one man could challenge anyone to a duel to fight to the death, and the other man had to defend his honor by accepting the challenge and fighting.  Duels were illegal in New York, but Burr insisted that they fight in New Jersey, where the law was less clear.  Many of our future Presidents were challenged to duels and fought in them, including [[Andrew Jackson]] and [[Abraham Lincoln]].  It was considered dishonorable to decline a challenge to a duel, but 50 years later (perhaps after duels had lost their grip on society) [[Stonewall Jackson]] did refuse to duel a student who had a conflict with him at the [[Virginia Military Institute]].

Later, Burr was indicted for murder, and he moved west to avoid jail.  There, he and a military governor plotted to break Louisiana away from the United States.  The plan failed, but it left behind a deep division in the United States.

Later, Burr was indicted for murder, and he moved west to avoid jail.  There, he and a military governor plotted to break Louisiana away from the United States.  The plan failed, but it left behind a deep division in the United States.

Meanwhile, Jefferson had his hands full with foreign conflicts.  Pirates were harassing and looting American shipping off the coasts of the Northern African countries of Morocco, Algiers and Tunis, which had a large port city known as "Tripoli" (it is now the capital city of Libya).  When Tripoli demanded more payoffs to stop the pirating, Congress declared war against it in 1805, known as the First Barbary War (or the War with Tripoli).  This war was actually unsuccessful for the United States, ending with a payment of a huge ransom to free the release of 270 sailors captured by the enemy.  It was not until 1815 that brute force ended the harassment by the pirates of American shipping,<ref>http://www.indepthinfo.com/articles/tripoly-war.shtml</ref> although note that pirates captured and killed an American couple just recently.  History books tend to give Jefferson preferential treatment and declare that he won the War with Tripoli.  This war did inspire the opening lyric in the Marines' hymn, "From the halls of Montezuma, to the ''shores of Tripoli''."<ref>"Montezuma" is a reference to the Mexican War and the Battle of Chapultepec.</ref>

Meanwhile, Jefferson had his hands full with foreign conflicts.  Pirates were harassing and looting American shipping off the coasts of the Northern African countries of Morocco, Algiers and Tunis, which had a large port city known as "Tripoli" (it is now the capital city of Libya).  When Tripoli demanded more payoffs to stop the pirating, Congress declared war against it in 1805, known as the First Barbary War (or the War with Tripoli).  This war was actually unsuccessful for the United States, ending with a payment of a huge ransom to free the release of 270 sailors captured by the enemy.  It was not until 1815 that brute force ended the harassment by the pirates of American shipping,<ref>http://www.indepthinfo.com/articles/tripoly-war.shtml</ref> although pirates continued to harass and even kill Americans on the High Seas ever since.  History books tend to give Jefferson preferential treatment and declare that he won the War with Tripoli.  This war did inspire the opening lyric in the Marines' hymn, "From the halls of Montezuma, to the ''shores of Tripoli''."<ref>"Montezuma" is a reference to the Mexican War and the Battle of Chapultepec.</ref>

In 1807, bigger troubled occurred between the United States and England.  The British Orders in Council forbade any trade by the United States with France unless the trade first touched English ports.  The British also added insult to injury.  In 1807, the "Chesapeake Affair" was a humiliating seizure by the British ship H.M.S. Leopard of an American ship the Chesapeake, in international waters where American shipping should have free travel.  The British forcibly boarded the ship looking for other British sailors on it.

In 1807, bigger troubled occurred between the United States and England.  The British Orders in Council forbade any trade by the United States with France unless the trade first touched English ports.  The British also added insult to injury.  In 1807, the "Chesapeake Affair" was a humiliating seizure by the British ship ''H.M.S. Leopard'' of an American ship named the ''Chesapeake'', in international waters where American shipping should have free travel.  The British forcibly boarded the ship looking for other British sailors on it.

Jefferson tried to deal with the British Orders in Council by supporting and signing the Embargo Act in 1807.  That law forbade all exports by the United States, and was a misguided attempt to hurt England.  Jefferson also supported and signed the Non-Intercourse Act, which forbade trade with Britain and France while authorizing President Jefferson to end the boycott once the European countries stopped violating the rights of Americans.  These bans on exports were a huge failure, and hurt the American economy more than it hurt the European countries.  By the end of Jefferson's two terms in office (a total of 8 years), he was no longer popular and he followed Washington's example of voluntarily leaving office.  He resigned in 1809.  The British burden on American shipping continued until it caused the War of 1812, although ironically England finally rescinded the Orders slightly before Congress declared war.  (Keep in mind that there was no internet or telephones then to facilitate speedy communications!)

Jefferson tried to deal with the British Orders in Council by supporting and signing the Embargo Act in 1807.  That law forbade all exports by the United States, and was a misguided attempt to hurt England.  Jefferson also supported and signed the Non-Intercourse Act, which forbade trade with Britain and France while authorizing President Jefferson to end the boycott once the European countries stopped violating the rights of Americans.  These bans on exports were a huge failure, and hurt the American economy more than it hurt the European countries.  By the end of Jefferson's two terms in office (a total of 8 years), he was no longer popular and he followed Washington's example of voluntarily leaving office, without running for a third term in 1808.  The British burden on American shipping continued until it caused the War of 1812, although ironically England finally rescinded the Orders slightly before Congress declared war.  (Keep in mind that there was no internet or telephones then to facilitate speedy communications!)

Only one additional state joined the United States during Jefferson's presidency:  Ohio, in 1803.  Jefferson is credited with eliminated unnecessary taxes such as the whiskey tax and decreasing the size of the federal government.

Only one additional state joined the United States during Jefferson's presidency:  Ohio, in 1803.  Jefferson is credited with eliminated unnecessary taxes such as the whiskey tax and decreasing the size of the federal government.

Jefferson passed way decades later, on July 4, 1826, a few hours before his political rival John Adams also died.  They had become friends years late in life.  Jefferson was in financial ruin when he died, despite having been born into an extremely wealthy family.

Jefferson passed away decades later, on July 4, 1826, a few hours before his political rival John Adams also died.  They had become friends years late in life.  Jefferson was in financial ruin when he died, despite having been born into an extremely wealthy family.

== The Marshall Court ==

== The Marshall Court ==

Meanwhile, in another branch of government, the Supreme Court was expanding its power under Chief Justice [[John Marshall]].  Marshall was a Federalist appointed by President John Adams, and Marshall served as Chief Justice for an astounding 35 years.  Virtually every important decision rendered by his Court, starting with ''Marbury v. Madison'', expanded federal power.  There was no "check and balance" on Marshall's expansion in judicial power for many decades, until near the end of Marshall's career when President Andrew Jackson stood up to him and ignored Marshall's decision on an Indian issue.   

Meanwhile, in another branch of government, the Supreme Court was expanding its power under Chief Justice [[John Marshall]].  Marshall was a Federalist appointed by President John Adams, and Marshall served as Chief Justice for an astounding 35 years.  Virtually every important decision rendered by his Court, starting with ''Marbury v. Madison'', expanded federal power.  There was no "check and balance" on Marshall's expansion in judicial power for many decades, until near the end of Marshall's career when President Andrew Jackson stood up to him and ignored Marshall's decision on an Indian issue.   

The expansion in ''federal'' power by the "Marshall Court" from 1801 to 1835 included the following decisions (note on nomenclature: "''Smith v. Jones''" is the terminology used to describe legal papers filed, for example, by John Smith against Tom Jones):

The expansion in ''federal'' power by the "Marshall Court" from 1801 to 1835 included the following decisions (legal nomenclature "''Smith v. Jones''" means a lawsuit between someone named Smith and an opponent named Jones):

*''Marbury v. Madison'' (1803): established the new power of judicial review to declare an Act of Congress unconstitutional.  

*''Marbury v. Madison'' (1803): established the power of judicial review to declare an Act of Congress unconstitutional.  

*''Fletcher v. Peck'' (1810): established the new power to invalidate a state law as unconstitutional (it held that a Georgia law violated the [[Contract Clause]] in the U.S. Constitution)

*''Fletcher v. Peck'' (1810): established the power of federal court to invalidate a state law as unconstitutional (it held that a Georgia law violated the [[Contract Clause]] in the U.S. Constitution)

*''Dartmouth College v. Woodward'' (1819): established that the Constitution prevents a state from altering the charter of a private corporation (Dartmouth College)

*''Dartmouth College v. Woodward'' (1819): established that the Constitution prevents a state from altering the charter of a private corporation (Dartmouth College)

*''McCullough v. Maryland'' (1819): established that States may not tax a federal bank, and also that a federal bank is authorized by the "necessary and proper" clause in the Constitution

*''McCullough v. Maryland'' (1819): established that States may not tax a federal bank, and also that a federal bank is authorized by the "necessary and proper" clause in the Constitution

*''Cohens v. Virginia'' (1821): established the supremacy of federal law, by allowing D.C. lottery tickets to be sold in all states except those prohibiting it

*''Cohens v. Virginia'' (1821): established the supremacy of federal law, by allowing D.C. lottery tickets to be sold in all states except those prohibiting it

*''Cherokee Nation v. Georgia'' (1831): holding that the Cherokees are not a nation in the normal sense,and could not sue in federal court. The court ruled that the Cherokee were a "domestic, dependent nation," a status that would guide federal Indian relations for the next forty years.

*''Cherokee Nation v. Georgia'' (1831): held that the Cherokees are not a nation in the ordinary sense, and could not sue in federal court. The court ruled that the Cherokees were a "domestic, dependent nation," a status that would guide federal Indian relations for the next forty years.

* ''Worcester v. Georgia'' (1832): The court ruled that Indian relations were the exclusive domain of the federal government and that the laws of the state of Georgia had no force within the boundaries of the Cherokee nation. Georgia ignored the ruling, and the Jackson administration made no attempt to enforce it.

* ''Worcester v. Georgia'' (1832): ruled that Indian relations were the exclusive domain of the federal government and that the laws of the state of Georgia had no force within the boundaries of the Cherokee nation. Georgia ignored the ruling, and the Jackson administration made no attempt to enforce it.

When Marshall finally died in office after serving a record 35 years as Chief Justice, he was replaced by Roger Taney.  The Taney Court did not expand ''federal'' power as much, but it did expand government power at the State level.  For example, its decisions included:

When Marshall finally died in office after serving a record 35 years as Chief Justice, he was replaced by Roger Taney.  The Taney Court did not expand ''federal'' power as much, but it did expand government power at the State level.  For example, its decisions included:

*''Charles River Bridge v. Warren Bridge'' (1837): allowing Massachusetts to fund a free bridge for the public good, despite hurting a private toll bridge established under a prior state charter.  This destroyed private toll bridges and led to public financing of bridges and roads.

*''Charles River Bridge v. Warren Bridge'' (1837): allowed Massachusetts to fund a free bridge for the public good, despite hurting a private toll bridge established under a prior state charter.  This destroyed private toll bridges and led to public financing of bridges and roads.

There will be more about Chief Justice Taney later in the course.

There will be more about Chief Justice Taney later in this course.

== The War of 1812 ==

== The War of 1812 ==

James Madison was elected in 1808 to succeed Jefferson.  Madison was a bit of an egghead, one of the few presidents who did not serve in war as others his age had.  Madison was in over his head as a president.  Madison was a thinker, not a commander-in-chief.  England was still the most powerful country in the world, and not someone to pick a fight with, regardless of what an intellectual might think.   

James Madison was elected in 1808 to succeed Jefferson.  Madison was an intellectual "egghead", one of the few presidents who did not serve in war as others his age had.  Madison was in over his head as a president.  Madison was a thinker, not a commander-in-chief.  England was still the most powerful country in the world, and not someone to pick a fight with, regardless of what an intellectual might think.   

England was still in Canada and some "War Hawks" in Congress (led by Henry Clay) accused it of inciting Indian attacks against the United States.  A Shawnee Indian named Tecumseh began to unite many of the tribes, and American settlers were terrified.  It was believed that the British were arming the Indians and encouraging them to attack.  In 1811, General William Henry Harrison (a future president) attacked Tecumseh's village.  Of course, this only heightened tension between the Indians and settlers.

England was still in Canada and some "War Hawks" in Congress (led by Henry Clay) accused it of inciting Indian attacks against the United States.  A Shawnee Indian named Tecumseh began to unite many of the tribes, and American settlers were terrified.  It was believed that the British were arming the Indians and encouraging them to attack.  In 1811, General William Henry Harrison (a future president) attacked Tecumseh's village.  Of course, this only heightened tension between the Indians and settlers.

In 1814, in the harbor at Baltimore, a battle was fought at Fort McHenry, during which the British shelled the American fortress.  An amateur poet named Francis Scott Key was detained during the battle and put his idle time to good use.  He penned the ''Star-Spangled Banner'' in honor of how the American flag continued to fly throughout the bombardment.  The words were immediately set to music, and became immensely popular.  In 1931, over 100 years later, it became the official National Anthem.

In 1814, in the harbor at Baltimore, a battle was fought at Fort McHenry, during which the British shelled the American fortress.  An amateur poet named Francis Scott Key was detained during the battle and put his idle time to good use.  He penned the ''Star-Spangled Banner'' in honor of how the American flag continued to fly throughout the bombardment.  The words were immediately set to music, and became immensely popular.  In 1931, over 100 years later, it became the official National Anthem.

Despite thrashing the United States in battle, England did not want to continue fighting.  So on Christmas Eve, England agreed to end the war with the Treaty of Ghent, and the U.S. did not have to give back any land.  The Treaty, which was negotiated by the Czar of Russia (a country depicted as a bear in political cartoons), arranged for the long, open Canadian-U.S. border that remains to this day.  Sometimes the [[War of 1812]] is called the Second Revolutionary War because it permanently resolved disputes lingering from the Revolutionary War itself.  Madison is frequently blamed by historians for allowing the War of 1812 to happen in the first place.

Despite thrashing the United States in battle, England did not want to continue fighting.  So on Christmas Eve, England agreed to end the war with the Treaty of Ghent, and the U.S. did not have to give back any land.  The Treaty, which was negotiated by the Czar of Russia (a country depicted as a bear in political cartoons), arranged for the long, open Canadian-U.S. border that remains to this day.  Sometimes the [[War of 1812]] is called the Second Revolutionary War because it permanently resolved disputes lingering from the Revolutionary War itself.  Madison is frequently blamed by historians for allowing the mostly unnecessary War of 1812 to happen in the first place.

But news of the peace treaties traveled slowly in those days, and on Jan. 8, 1815, the British assaulted General Andrew Jackson's troops down in New Orleans.  Jackson had hated the British ever since he was a teenager, when a British soldier ordered Jackson to shine the soldier's shoes in a complete humiliation to Jackson.  Jackson refused and the soldier took out his sword and smacked Jackson across his face, leaving a scar he bore for the rest of his life.  Jackson would never forget where that scar came from.

But news traveled slowly in those days, and on Jan. 8, 1815, British troops (unaware that a peace treaty had been signed) assaulted General Andrew Jackson's troops down in New Orleans.  Jackson had hated the British ever since he was a teenager, when a British soldier ordered Jackson to shine the soldier's shoes in a complete humiliation to Jackson.  Jackson refused and the soldier took out his sword and smacked Jackson across his face, leaving a scar he bore for the rest of his life.  Jackson would never forget where that scar came from.

Jackson had settled in Tennessee where there were many woodsmen and hunters.  The Americans in Tennessee and Kentucky had rifles and were very good with them.  They were expert marksmen.  People in Tennessee also volunteer for military service in huge percentages, giving it the nickname the "Volunteer State" that it still uses to this day.  Jackson called on these marksmen to help him in New Orleans against the British, and the residents of Tennessee and Kentucky answered his call.  They rallied to Jackson's United States Army.

Jackson had settled in Tennessee where there were many woodsmen and hunters.  The Americans in Tennessee and Kentucky had rifles and were very good with them.  They were expert marksmen.  People in Tennessee also volunteer for military service in huge percentages, giving it the nickname the "Volunteer State" that it still uses to this day.  Jackson called on these marksmen to help him in New Orleans against the British, and the residents of Tennessee and Kentucky answered his call.  They rallied to Jackson's United States Army.

In 1819, Monroe completed the Adams-Onis Treaty to annex Florida to the United States, and also added property north of the southern border of current Oregon (which we now call the "Northwest").

In 1819, Monroe completed the Adams-Onis Treaty to annex Florida to the United States, and also added property north of the southern border of current Oregon (which we now call the "Northwest").

In 1820, the successful "Missouri Compromise" resolved for several decades disputes about whether slavery would be permitted in new territories, and how to admit new states.  This Compromise was between the North and the South, neither of which wanted to give up power by adding a state friendly to the other side.  The Senate was evenly balanced at this time, and adding just one new state on one side would tip the balance in its favor.  At the time there were 11 free states and 11 slave states (note that, perhaps surprisingly, Delaware and Kentucky were slave states).   

In 1820, the successful "Missouri Compromise" resolved for several decades disputes about whether slavery would be permitted in new territories, and how to admit new states.  This Compromise was between the North and the South, neither of which wanted to give up power by adding a state friendly to the other side.  The Senate was evenly balanced at this time, and adding just one new state on one side would tip the balance in its favor.  At the time there were 11 free states and 11 slave states (notice that, perhaps surprisingly, Delaware and Kentucky were slave states).   

So the Missouri Compromise added Maine as a free state (which would side with the North), and Missouri as a slave state (which would side with the South until the Civil War, when it refused to join the southern Confederacy).  The other new states to be added from the Louisiana Purchase (once they had enough population) would be free:  slavery was banned by this Compromise above the latitude of 36 degrees, 30 minutes.

So the Missouri Compromise added Maine as a free state (which would side with the North), and Missouri as a slave state (which would side with the South until the Civil War, when it refused to join the southern Confederacy).  The other new states to be added from the Louisiana Purchase (once they had enough population) would be free:  slavery was banned by this Compromise above the latitude of 36 degrees, 30 minutes.