Executive Power & the Louisiana Purchase
Documentary short from Motivo Media and FedSoc Films
Documentary short from Motivo Media and FedSoc Films
When Napoleon Bonaparte offered to sell 827,000 square miles of land to the United States, it was an offer too good for the young country to refuse. For President Thomas Jefferson, however, the Louisiana Purchase prompted an internal constitutional crisis.
Does executive action not explicitly authorized by the Constitution require an amendment? Was the Louisiana Purchase an example of the president’s power to make treaties? Three scholars explore the limits of executive authority surrounding the largest real estate deal in American history.
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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
Featuring:
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Related Links & Differing Views:
Mises Institute: “The Louisiana Purchase: Jefferson’s Constitutional Crisis that Risked Dissolving the Union”
https://mises.org/wire/louisiana-purchase-jeffersons-constitutional-crisis-risked-dissolving-union
Lehrman Institute: “The Louisiana Purchase”
https://lehrmaninstitute.org/history/louisiana-purchase.html#constitutional
Boston University Law Review: “Jefferson and Executive Power”
http://www.bu.edu/law/journals-archive/bulr/documents/yoo.pdf
American Bar Association Journal: “The Constitutional Controversy Over the Louisiana Purchase”
https://www.jstor.org/stable/25723883?mag=politics-louisiana-purchase&seq=1#page_scan_tab_contents
National Constitution Center: “The Louisiana Purchase: Jefferson’s constitutional gamble”
https://constitutioncenter.org/blog/the-louisiana-purchase-jeffersons-constitutional-gamble
In association with Motivo
https://motivo.me/
Emanuel S. Heller Professor of Law, University of California at Berkeley; Senior Research Fellow, School of Civic Leadership, Civitas Institute, University of Texas at Austin; Nonresident Senior Fellow, American Enterprise Institute
John Yoo is the Emanuel Heller Professor of Law. He is also Distinguished Visiting Scholar, School of Civic Leadership and Senior Research Fellow, Civitas Institute, at the University of Texas at Austin. He is also a Nonresident Senior Fellow at the American Enterprise Institute.
His most recent book, The Politically Incorrect Guide to the Supreme Court, co-authored with Robert Delahunty, was published in 2023. Professor Yoo’s other books include Defender-in-Chief: Trump’s Fight for Presidential Power; Striking Power: How Cyber, Robots, and Space Weapons Change the Rules for War, Point of Attack: Preventive War, International Law, and Global Welfare, and Crisis and Command: A History of Executive Power from George Washington to George Bush.
Professor Yoo has published more than 100 articles in academic journals on subjects including national security, constitutional law, international law, and the Supreme Court. He also regularly contributes to the editorial pages of the Wall Street Journal, New York Times, Washington Post, Los Angeles Times, and National Review, among others.
Professor Yoo has served in all three branches of government. He was an official in the U.S. Department of Justice, where he worked on national security and terrorism issues after the 9/11 attacks. He served as general counsel of the U.S. Senate Judiciary Committee. He has been a law clerk for Supreme Court Justice Clarence Thomas and federal appeals Judge Laurence Silberman. He has been a visiting professor at Seoul National University in South Korea, the Interdisciplinary Center in Israel, Keio University in Japan, Trento University in Italy, the University of Chicago, and the Free University of Amsterdam.
Professor Yoo supervises the Public Law and Policy Program and the California Constitution Center. He also serves on the boards of the Pacific Legal Foundation, the Federalist Society’s Separation of Powers and Federalism Division, the Universidad Cientifica del Sur Law School, and the Asia-Pacific Law Institute at Seoul National University. He is a winner of the Federalist Society’s Paul Bator award and been the Edwin Meese III Originalism Lecturer at the Heritage Foundation.
Professor Yoo graduated from Yale Law School and summa cum laude from Harvard College.
W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair and Professor of Government, University of Texas at Austin School of Law
Sanford Levinson, who holds the W. St. John Garwood and W. St. John Garwood, Jr. Centennial Chair in Law, joined the University of Texas Law School in 1980. Previously a member of the Department of Politics at Princeton University, he is also a Professor in the Department of Government at the University of Texas. Levinson is the author of approximately 400 articles, book reviews, or commentaries in professional and popular journals--and a regular contributor to the popular blog Balkinization. He has also written six books: Constitutional Faith (1988, winner of the Scribes Award, 2d edition 2011); Written in Stone: Public Monuments in Changing Societies (1998); Wrestling With Diversity (2003); Our Undemocratic Constitution: Where the Constitution Goes Wrong (and How We the People Can Correct It)(2006); Framed: America's 51 Constitutions and the Crisis of Governance (2012); An Argument Open to All: Reading the Federalist in the 21st Century (2015); and, with Cynthia Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and teh Flaws that Affect Us Today (forthcoming, September 2017). Edited or co-edited books include a leading constitutional law casebook, Processes of Constitutional Decisionmaking (6th ed. 2015, with Paul Brest, Jack Balkin, Akhil Amar, and Reva Siegel); Nullification and Secession in Modern Constitutional Thought (2016); Reading Law and Literature: A Hermeneutic Reader (1988, with Steven Mallioux); Responding to Imperfection: The Theory and Practice of Constitutional Amendment (1995); Constitutional Stupidities, Constitutional Tragedies (1998, with William Eskridge); Legal Canons (2000, with Jack Balkin); The Louisiana Purchase and American Expansion (2005, with Batholomew Sparrow); Torture: A Collection (2004, revised paperback edition, 2006); and The Oxford Handbook on the United States Constitution (with Mark Tushnet and Mark Graber, 2015). He received the Lifetime Achievement Award from the Law and Courts Section of the American Political Science Association in 2010.
He has been a visiting faculty member of the Boston University, Georgetown, Harvard, New York University, and Yale law schools in the United States and has taught abroad in programs of law in London; Paris; Jerusalem; Auckland, New Zealand; and Melbourne, Australia. He was a Fellow at the Institute for Advanced Study in Princeton in 1985-86 and a Member of the Ethics in the Professions Program at Harvard in 1991-92. He is also affiliated with the Shalom Hartman Institute of Jewish Philosophy in Jerusalem. A member of the American Law Institute, Levinson was elected to the American Academy of Arts and Sciences in 2001. He is married to Cynthia Y. Levinson, a writer of children's literature, and has two daughters and four grandchildren.
Professor of History, United States Military Academy
Robert M. S. McDonald is a professor of history at the United States Military Academy and an adjunct scholar of the Cato Institute. He is a graduate of the University of Virginia, Oxford University, and the University of North Carolina at Chapel Hill, where he earned his Ph.D. A specialist on Thomas Jefferson and the early American republic, he is author of Confounding Father: Thomas Jefferson’s Image in His Own Time (University of Virginia Press, 2016). In addition to essays and articles in journals such as The Historian, Southern Cultures, and the Journal of the Early Republic, he is editor of Thomas Jefferson’s Military Academy: Founding West Point (University of Virginia Press, 2004), Light & Liberty: Thomas Jefferson and the Power of Knowledge (University of Virginia Press, 2012), and Sons of the Father: George Washington and His Protégés (University of Virginia Press, 2013). He is completing an edited volume to be titled Thomas Jefferson’s Lives: Biographers and the Battle for History. He lives in Cornwall-on-Hudson, New York, with his wife, Christine, and their children Jefferson and Grace.
