Jeffersonian Tradition

The amendment process has allowed the Constitution of the United States, first established in 1787, to stand the test of time for 218 years through only 27 changes. Nonetheless, on much lesser terms not set in stone, to best suit economic or political needs between 1789 and 1815, Americans transitioned from loose to strict constructionist values or vice versa on the issue of the interpretation of the Constitution. Jefferson's strict interpretation was tested with his purchase of the Louisiana Territory in 1803, and second Chief Justice John Marshall, who was appointed by John Adams during his presidency, turned to strict and/or loose interpretation of the Constitution in the Marbury v. Madison and McCulloch v. Maryland Supreme Court cases.

Jefferson found that only a loose interpretation of the Constitution could justify his purchase of the Louisiana Territory, which doubled the size the United States. Jefferson, fearful after finding that France had regained the port of New Orleans from Spain, decided to send representatives to Napoleon to negotiate the exchange of $10 million for New Orleans and some of western Florida. Fortunately, they received more for what they bargained. Napoleon, in need of cash to back his debts accrued during his wars in Europe, agreed to sell the entire Louisiana Territory for $15 million. Jefferson was ecstatic, but he knew he would ultimately be temporarily abandoning his strict constructionist views. Before Napoleon could renege, Jefferson carried forth the purchase backed with his acceptance of the enumerated powers of the Constitution. Earlier, Jefferson had also allowed the 20-year charter of the First National Bank established by Hamilton to carry on uninterrupted, although he was an outspoken opponent in the beginning because the Constitution did not allow the federal government to create a banking system and private banks would lose business.

In the Judicial branch, John Marshall held many different views of the Constitution. The Constitution could be changed informally through court decisions, and John Marshall utilized this power to increase the position of the Judicial branch with that of the Executive and Legislative branches. Usually, he advocated that the federal and state laws created could be marked unconstitutional if in divergence from the supreme law of the land, which settled his strict constructionist views. In the Marbury v. Madison case, the commissions of Adams'