Health Care And Increasing In Taxes On Cigarettes Term Paper

Health Care And Increasing In Taxes On Cigarettes - Term Paper Example An increase in price of a cigarette pack with 10% would result in a decrease, in demand, by about 4%. With regard to cigarette taxation, there have been increases in tax by various governments as a way of controlling the consumption of cigarettes and in essence reducing demand. In order to understand the effects of tax increases on cigarette use, there is a need to know two things; the magnitude of results that the tax change will cause and the link between the consumption changes and price change (Taylor & Akila 94). Economists and researchers have been using estimates of price elasticity of demand, which refers to the change in percentage of consumption, consequently from a 1% increase in price, to evaluate the effects of change in prices of cigarette on cigarette consumption. Overall, the price elasticity for a cigarette is within the range of -0.14 to -1.23, but mostly it falls within the narrower range of -0.3 to -0.5. This implies that a change in price of tobacco will result i n a slight decrease in demand. In spite of the fact that higher cigarette taxes reduce sales or consumption, cigarette tax income increases because the loss in income as a result of lower sales is more and could be offset by the increased taxes (Cordes 440). Policy makers in the tobacco control department and tax revenue docket will always agree that, provided the price elasticity of demand for cigarettes is not more than -1, then total revenue from sales increases when price increase.... In spite of the fact that higher cigarette taxes reduce sales or consumption, cigarette tax income increases because the loss in income as a result of lower sales is more and could be offset by the increased taxes (Cordes 440). Policy makers in the tobacco control department and tax revenue docket will always agree that, provided the price elasticity of demand for cigarettes is not more than -1, then total revenue from sales increases when price increase. As evidenced in this study, the price elasticity of demand for a cigarette is less than one, meaning that in as much as tax will have an effect on the demand for cigarette consumption, it will also yield additional tax revenues. The passing into law of tobacco control policy with the increasing prices will eventually have significant results in reducing tobacco consumption, making cigarettes expensive to juveniles (Besanko et al 151). Do increases in cigarette taxes have any other effects? In response to the increased taxes on cigar ettes, some problems can be seen to be rising. They include theft, interstate smuggling and channeling. Channeling primarily describes the changes in ways people obtain a product they seek. Making one by rolling it is a good example. The most serious one of the three above is smuggling. Smuggling can be related to moving goods across international borders to avoid paying tariffs or duties for the product. There are commonly five characteristics of a product that are likely to be smuggled somewhere for a profit. They include the product tax differential; transaction cost; transportation cost; the effort required to obtain the product and the possibility of police or authority intervention. Cigarette thus makes the perfect product for smuggling. The product is not heavy and has large tax

Law Case Study Example | Topics and Well Written Essays - 2000 words

Law - Case Study Example The advanced law of criminal harm is for the most part held in the Criminal Damage Act 1971, which reclassifies or makes a few offenses securing property rights. The Act gives an exhaustive structure coating only preparatory acts to the most genuine offenses of illegal conflagration and creating harm with expectation to imperil life. Accordingly, disciplines fluctuate from a settled punishment to life detainment, and the court may request installment of recompense to an exploited person (Barbara & Marston, 2009). Reflecting on the offence as per the prosecution of Adam Clewes, we learn that he has been involved in two counts involving breaking a window at Bargain Booze, High Street, Leigh, and possession of a knife. According to the report from the constable, during the time of arrest and arrest, no one else was present during the interview. Clewes accepted the first count regarding breaking of a window denied and suggested that it was by accident and the second count in regards to possession of a knife. From the case study involving the case of Adam Clewes and W.H. Smiths and Cheap Booze, there are two individuals counts that comes into the attention and that requires to be dealt with differently. In consideration of the England law the Criminal Damage Act 1971 (the Act) revoked the normal law and statutory offenses of arson. Just a couple of the offenses in opposition to the Malicious Damage Act 1861 remain. The Act is presently the essential wellspring of offenses of harm to property. The common law for the most part treated harm to an alternates belongings as a civil matter heading just to a right to harms in trespass or aggravation. In the eighteenth century, Blackstone expressed the privileges of individual property in ownership are at risk to two types of wounds: carrying away or hardship of that ownership; and the misuse or harm of the assets, while the ownership proceeds in the lawful manager." Blackstone unmistakably named these

Information flows and financial management Essay - 2

Information flows and financial management - Essay Example This essay intends to give an implicit description on its operation and transacting. More importantly, the first two scenarios in the test-drive manual. The scenarios are, project code and transfer of funds. This introductory part intends to acquaint a first time user. It entails procedures followed and observations made when running the test drive through the two stated scenarios. Project code is a simple document that adds to the Kauli Financial system. The person who enter a document in this system is referred to us the author or initiator. On completion of selecting and accumulation of data, the system is able to route the eDoc automatically for online approval. Routing is only possible if its setting in the system is active. This process starts by clicking the â€Å"Main Menu† tab. On â€Å"Look up and Maintenance† tab click ‘Project Code’. The Look up screen appears. At this point, click â€Å"Create new† to create a new electronic document. The eDoc format appears with an assigned identity number on the top of the screen (Dan, 2011). In reference to the directive on the manual on how to find valid principal names by using several and different characters, it was unsuccessful (Dan, 2011).Tom Edwards is an alternative principal name in the project manager principal space. After the above steps, submission of the form for approval is done by clicking on the â€Å"submit† tab. The screen indicated the following details: The specified project manager principal name, the specified chart code and the specified organization code does not exist. However, using valid codes and principal name, the form’s submission succeeds. This technicality happens because of the rules guiding validation. These rules are unique in each institution (Dan, 2011). The question in this observation any first time user might ask is, â€Å"why the form was not successfully submitted?† Answering this

"Critique on Rupert Murdoch's tweet and being a muslim in Article

"Critique on Rupert Murdoch's tweet and being a muslim in the european society" - Article Example Terror attacks have traditionally been linked to Islamic extremism than any other religion in the world. Since the terror attack on 9/11 in U.S, most people across the world have developed islamaphobia with every subsequent terror attack such as the one directed to French Newspaper (Erlanger, & Bennhold, 2015). However, Islam has been on the receiving end of unwarranted criticism because terror attacks have always been orchestrated by a few extremist groups and not the entire Islam community. According to U.S Congress linking terrorism to Islam only fuels hatred and fear, which is a plus for the terrorists (2007). Therefore, Murdoch’s sentiments should be reviewed in this light. Indeed, Islamic leaders across the world have always condemned hundreds of terror attacks. Additionally, there are a number of terror attacks already organized and executed by non-Muslims. It can be argued that Murdoch’s tweet represents a mindset of many people across cultural settings. According to him, Islam needs to carry the cross whenever any terror orchestrated by Islamic extremism happens. Whereas Islamic leaders such as Olivier Roy have condemned terror attacks every time attacks happen (Erlanger, & Bennhold, 2015) , the entire Islamic community has not taken a strong and long lasting stand against terrorism. For instance, Islamic leaders have not been on the global forefront in funding anti-terror related organizations and campaigns. Most of the support Islam has given to anti-terrorism activities has mostly remained verbal (Frost, 2008). From Murdoch’s perspective, Islam has a more rigorous job to do when it comes to fighting terrorism. However, Murdoch has been highly criticized together with other people who share his ideology regarding Islam and terrorism. It is arguably impossible for the entire Islam community to fight

Assessor Award Essay Example for Free

Assessor Award Essay A1 Assessor Award BY fiffi20 7317 Vocational Assessors Award Underpinning Knowledge Requirements QI. The way how I identify and use different types of evidences when carrying out assessments are by reading through all the chosen units assessment reports to have a clear understanding of the criteria/elements which the candidate must meet. The different types of evidences which can be used are, Task Statements, Work Product/ Work Evidences, Observations, Supplementary Evidences, Questionnaires, Professional Discussions and also Witness Statements. Q2. When comparing different types of evidences, I make sure the work product overs either, the Skills and Techniques or the Performance Indicators depends on the NVQ course, this get done on both the mandatory unit as well as the unit the candidate is working on. This is done by me checking the evidence against the Assessment Report and referencing the elements which have been met. Q3. When it comes to me collecting evidence I normally get my candidates to print their evidences in black and white instead of colour to save the cost of their ink cartridge. If possible I would also ask them to print double sided to save paper. I always ask my candidates if they have created any sort of evidence prior to our eeting, that way I could see if the evidence is suitable for the task and if its meets any of the elements on the assessment report if so this saves a lot of time on the candidate behalf if not, I do set my candidates deadlines for them to meet, so that way then can complete to hand over evidences. Q4. If a candidate has completed evidences prior to the assessment process I would ask them to demonstrate how they started and completed the task. I would also have a Professional Discussion with them to cover certain Performance Indicators as well as getting a Witness Statement completed by a person high then he candidate, someone who can confirm that the candidate was able tackle this task. Depends on the unit, I would sometimes also give Questionnaires to them to cover their Knowledge and Understanding. Q5. To develop and agree assessment plans with the candidates I consider all Performance Indicators and Skills and Techniques for each chosen unit, I then advise them on the assessment methods which will be used to collect the evidence and also a date/time of completion is set and agreed by both the candidate and myself. Q6. To assess the performance of my candidate I observe them while they are ackling the work evidence and I also question them this could either be verbal or written. Through this method I can pin point their performance against specific parts of the standard. evelop their competency would be to give them extra training on specific areas which they lack knowledge in and also set them task where I could observe them on that particular training to see whether or not they understood to concept and learnt from the training. I would also question them to confirm they understanding. By doing this I can make sure the candidate will be able to meet the criteria/element. Q8. Diff erent candidate have different needs, some need more training and guidance than others. So when changing assessment procedures all aspect must be considered. For example I have a candidate who is a Personal Assistant for a Head Teacher in a school which I assess in. I show her the Action Plans and Assessment Reports and explain the criteria/element which she must meet, she is able to produce evidence instantly due to IT knowledge and Job role, this candidate need very little training in her Business and Administration course as long as I explain what is required from her and her work products/work evidences. However I then have a candidate who is a receptionist at a medical centre, this candidate has dyslexia and needs a huge amount of training and guidance, especially with her Task Statements. A lot more time must be spent with this candidate and the deadline of evidence must be slightly longer then others. Q9. When collecting evidences must ensure there are no confidentially information which relates to neither the company nor their clients/customers. The evidences must be created by the candidates so that way they are valid and fair. If the candidate does not create the evidence then it is hard to identify whether or not it is air. All evidences must be valid. I must check dates and check the assessment reports. I must speak to the Manager and advise them which type of evidence the candidate will be submitting. QIO. When completing work evidences, the evidence must follow the assessment standard of the CADCentre unit standard booklet. QI 1. To measure existing levels of competence I always question my candidates, this could either be verbal or written. I also get the candidate to perform the task so Im able to observe and Judge their competency level. Q12. To make a valid and reliable assessment of my candidates knowledge I ormally hold a professional discussion with them and also given them questionnaires to complete. Q13. To make a valid and reliable assessment of my candidates performance I get my candidate to produce work evidence to support there claim, to complete a Task Statement and I then type out the Observation which will backup the task which they completed and also to reference the criteria/elements which they successfully matched. collect the work evidence and the Task Statement from the candidate and then I would go through the assessment report and tick off the criteria/elements which they uccessfully met. This is done once IVe collect all evidences towards the relevant unit. This will show that the candidate was capable to meeting the required criteria/ elements. QI 5. To check that the evidence was created by the candidate I always ask them to demonstrate who they created the evidence and also I would take down the file path. The file path is added to the candidates work evidence as well as in my Observations. Q16. To make sure that supporting evidences supplied by other people are reliable I ask the Manager to write out a Witness Statement, I would also speak to the witness egarding the candidates unit, explaining the criteria/elements which they need to cover and will be assed on. The witness must have knowledge and experience in the area which I will assess to allow them to write up the statement otherwise it will not be valid. QI 7. I always tell the candidates that they can use evidences which they previously created towards the chosen unit. For instance an ITQ candidate might have already created a Powerpoint presentation a few weeks ago and as she/he Chose this particular unit, instead of getting them to re-create another resentation we would use the same as long as it met all the relevant criteria/ elements. This saves the candidate a lot of time and effort and fast tracks he collection of the evidence. Q18. The way how I give constructive feedback to my candidates is by after the completion ofa task I would sit down with them and go over the task again. My feedback sheet will state the unit number, the task which the candidate has completed, date of completion, a brief paragraph giving a positive feedback on the task, state any issues which the candidate might have had during the task and also I ention the next stage which they will be moving on to. Q19. The way how I involve my candidates in the planning of assessment , I sit with them and explain all the criteria/elements which they will need to meet, the date of completion must also be agreed by both parties. I would also Judge whether or not the candidate will need extra training times on certain criteria/element to allow them to meet them. Q20. To keep to the data protection act I must store all candidates details safe and secure. Candidate detail must not be shown nor shared with any other candidates or any one outside the CADCentre. Q21. I have a lot of patients and give a lot of my time to my candidates who I feel lack to take part in different in their assessment. Im constantly training them to regain their confidences and knowledge. I also advise them that they can email or call me regarding any questions which they might have. I also give them the option of training them through specific area. IVe noticed that more practice the candidate has the better their understanding is. Q22. I make sure that I treat all my candidates the same, all with the same respect regardless to age, gender, race or beliefs. I train all my candidates equally, however I o sometimes give extra time/training to those who are in need. Q23. To meet the needs to each of my candidate, I assess them on the second initial visit after the signup. I question them verbally to have a clear view of the competency and needs. From that I can Judge which candidate will need extra training. Q24. I always give a feedback to all my candidates after the completion ofa task or even a unit. Again in this I will verbal talk to them as well as write out a feedback sheet. Feedbacks are very important to candidates, they can see their progressions and also identify their weaknesses. Q25. I have always built a good friendly relationship with all my candidates, make them feel at ease to ask questions and get in contact with me at any time regarding any issues which they might have with the course/evidence. Q26. To monitor and review the progress of my candidates I always complete an eight week review which states and identifies how the candidate is progressing, whether its a slow progression or an up to date progress. Deadlines are always set with my candidates and some do meet them and some do go over the deadline. Q27. Candidates are always upgrading their positions within companies. I must ake sure that my knowledge and understand of the course, assessment reports and standards are ofa high level to allow me to assess the candidates. Knowledge in softwares are also very important, as a candidate might chose to complete their NVQ in a specific software such as Access. Access is a database software which not many people know how to use and not many companies use, so to be able to assess and train in Access my knowledge and understand must be high. Q28. To update my existing skills and experience I would take full advantage of any training/course opportunities which may arise. This will enhance my skills, nowledge and also experience. Q29. I would take in consideration any Internal Verifier feedbacks, I would also constantly look at the City and Guilds web site and also sign up for the Newsletters. Q30. To improve my personal development I would again take full advantage of any qualifications and criterias. Q31. To meet my candidates needs in a safe, fair, valid and reliable manner I would take in to account there needs and work in line with the relevant legislations. As I mentioned before I have a candidate who suffers from Dyslexia, with her I need to print the text in a larger font and explain each point to her fully for her to have fully nderstanding of what is required from her. Q32. To recognise and challenge unfair discrimination in assessments I would refer back to the procedure, CADCentre Handbook. Q33. I would liaise with the Internal Verifier and then External Verifier to get advice on meeting candidates special assessment requirements. Q34. To identify and plan for issues of confidentiality and data protection during the assessment process I would either collect the Work Product or if the data is confidential then I would only request the file path. The file path is needed in case he Internal Verifier or External Verifier wanted to go to the company and have a look and the evidence. Q35. The way how I would record, store and pass on assessment decisions to other people within an agreed system would be by recording it on assessment plans and completing a summary of achievement. Q36. I would say to identify and assess things that could influence my own competence, could be an ITQ unit such as (214). By observing another person I could learn new skills on a particular software. Q37. I would liaise with my manager and request training in either a particular course, scheme, FL, CPD and also PTTLS.

Death of a Loved One Essay Example for Free

Death of a Loved One Essay Devastating occurrences have the ability to completely alter the ways in which you live your life. When these certain situations occur, you have two choices: You can let them destroy you, or you can let them strengthen you. My outlook on life was completely changed when my kind hearted grandmother passed away when I was just a child. I was struck with the realization that life can be taken away in an instant and I need to cherish every moment I have left I this world. In early November of 2006, I was sitting in my choir class listening to my teacher describe the scene a horrific car accident she witnessed the day before. As she was explaining the details of the accident, I was feeling little pangs of sorrow for the victims who were unable to walk away injury free. As we carried on with our class, I couldn’t help but think about how miserable their family and friends must be feeling at that exact moment, they didn’t even see it coming. I soon shook the thoughts from my head and made my way to my next class. While walking down the hallway, I feel my newly purchased flip phone vibrate in my purse and the text I receive from my mother was rather unsettling: Honey, I have some bad news. Â  I reply back asking her what she was talking about, and although I was a little nervous, I didn’t try to dwell on it too much. I only assumed that she wasn’t going to buy me a new pair of Buckle jeans that I was eyeing at the time, so I swallowed my disappointment, and carried on with my morning. Thoughts of not owning those beautiful pair jean were going through my head as my phone vibrates with another text that made me stop dead in my tracks: Grandma was in an accident today. She’s in the hospital with severe injuries and they think she has brain damage. A wave of emotions washed over me and my mind couldn’t stop racing. I always heard about this sort of thing happening to people I didn’t know, people I didn’t care about. Never in a million years did I imagine that my own grandmother would be put in this situation. For once in my life, I was completely speechless. Over the next couple weeks, my grandma’s progress was a roller coaster. Some days she was barely able to open her eyes and move her fingers, and other days she was motionless. One day the swelling in her brain would worsen and the next day it would decrease. There weren’t any clear answers explaining if she was going to be okay or not. We were all holding on dearly to a sense of hope that was keeping us together. Towards the last couple days of her life, my grandma’s progress seemed to have gotten better. The swelling in her brain had decreased a great amount and I was told that it was very possible that she would be able to recover. A wave of a relief washed over me and the grasp I had on hope tightened. I truly believed that she would recover and we would have our caring, loving grandma with us again. The thoughts of her recovery were clogging my mind and I completely forgot that even though there was indeed the possibility of her recovery, the possibility of her death was still apparent. On November 28th, I was woken up by my mother and father informing me that my grandma had passed away that morning. Initially, I didn’t feel any sort of emotion. I was stuck in a daze that I couldn’t get out of. Part of me even believed that this was all a dream, and that I was going to wake up with her smiling face still in this world. Throughout the day, the numb feeling went away, and was replaced with sadness and sorrow. I replayed every memory I had with her in my head while hot, salty tears ran down my cheeks. In that moment, I would have given anything to have her alive and well, baking Christmas cookies with me like we did every year. She didn’t deserve to die and we didn’t deserve to feel this pain. Deep down I knew she was in a better place, a place where she wouldn’t have to feel the pain she felt in this world before she passed. This thought alone helped me and many others get over the fact that we lost our dear grandma. They always say that you need to live your life the fullest; you never know when your time is up. My grandma was the perfect example of a barely 60 year old woman who’s last years of her life were cut short. She made sure that she lived every day to its full potential, and she cherished every moment. Ever since the morning that she died, I made a promise to myself to never let a day go by where I don’t appreciate and love the life I live. Although life is difficult, it is still so very beautiful.

Analysis of the Louisiana Purchase Treaty

Analysis of the Louisiana Purchase Treaty The Louisiana Purchase in 1803 represented the time when the United States expanded to the West by buying an area previously owned by France for the price of 15 million dollars.[2] The purchase represented the major diplomatic success of a young nation and an opportunity to double its size and become a leading power. The area purchased would later become â€Å"the states of Arkansas, Missouri, Iowa, Nebraska, South Dakota, almost all of Oklahoma and Kansas, and large portions of what is now North Dakota, Montana, Wyoming, Minnesota, Colorado, and Louisiana.†[3] The treaty represented an interesting view of the relations between France and the US that promoted the sale of Louisiana by Napoleon Bonaparte. Additionally, the treaty also served to bring in a major political battlefield between the Federalists and Republicans concerning Article III of the treaty, raising the questions of whether the president can sign treaties and incorporate new people of a gained territory into th e union. This research paper will analyze the treaty and delve into the context behind the purchase of Louisiana by dividing it into three parts: the first part devoted to the relations between France and the US, the second to the provision of the treaty and the third to the consequences of the treaty on the constitution and its interpretation. The Relations between France and the USA Prior to the Louisiana Purchase Treaty, the relations between France and the United States of America in deep rift and experienced setbacks that led the two nations to be at war with each other unofficially. In the American side, it is known that the US received a great help in its war against Britain during the American Revolution, funding and weapons for the revolutionary warrior came directly from France. For instance, one of the major battles of the American Revolution in which America won was Yorktown, a battle that would not have been won without the help of the French navy.[4] This help did not come for free but was transformed into debt which the US agreed to pay to the kingdom of France. However, by 1792 France no longer was a monarchy but a republic exemplified by the execution of the last Bourbon king, Louis XVI and his wife Marie Antoinette in 1793.[5] Acting on this political novelty, the US chose to neutralize its country regarding the English-French war by abrogating the Alliance Treaty of Mutual Support between the kingdom of France and the United States of America. Then the US canceled paying the debt that was owed to the kingdom of France and not to the newly formed republic.[6] These two policies angered France and thus induced the two countries to be under unofficial war that was called the Quasi-War. Under these circumstances the Americans were wary when the secret Treaty of San Ildefonso of 1800 retroceded the territory of Louisiana from Spain, under King Charles IV, to the republic of France. What made the Americans feel anxious upon hearing about the secret treaty, was the possibility that French might refuse American access to the Port of New Orleans, which is of utmost importance to the Americans as it is the only way planters in the Ohio valley area could transport their goods to the American cities in the Atlantic coast. Therefore, many voices in the US such as Alexander Hamilton were asking for a military action to seize the port o f New Orleans.[7] Because Thomas Jefferson occupied the post of the American ambassador in France from 1785 to 1789, he was intending to solve the issue peacefully with France. Jefferson found an opportunity to address his fears of the French presence in the Louisiana territory through playing two sides as he accepted to help France during the slave revolution in Santo Domingo[8] to stop trading with the leader of the rebellion of Toussaint LOuverture, or at least prevent the slaves from getting any goods and at the same time abandoning his promise in a diplomatic way without igniting any conflict between the two countries. Jefferson`s decision to help France during its struggle can be explained through the fear of the Southerners from a spillover of the slave revolt.[9] However, Jefferson changed his mind when a large French army was noticed in the vicinity of Santo Domingo. As it is stated by Thomas Fleming: When Pichon (a French diplomat in The US) sought help from Secretary of State Madison, he found himself answering difficult questions: Why was the French army so large? Shouldnt Paris have explained the first consuls plans before the expedition sailed? He also mentioned the report from Tobias Lear that part of the army was destined for Louisiana†¦He asked Madison to cooperate with France by allowing him to publish a letter announcing that trade with Santo Domingo was henceforth limited to ports controlled by France. He hoped Madison would publish a statement in support of this policy. Madisons answer was a masterpiece of evasion. He said it was very difficult to control the â€Å"national spirit† of a nation as commercially minded as the United States. The Southern states might support such an embargo because they feared the rebellious message LOuverture personified. But the Northern states, already rather hostile to the South, would violate it with impunity to sell their products to LOuvertures regime[10] Secretary of State James Madison found a clever of way of both keeping good relations with France and at the same time making sure that the revolt in Santo Domingo would eventually exhaust the French soldiers and prevent them from making their way to Louisiana. The United States of America at the beginning was not intending to buy the area of Louisiana, on the other hand the basic aim of Jefferson was to convince Napoleon Bonaparte to sell him the city of New Orleans. Jefferson was moved by the fear that foreign countries were intending to obtain the city hence, as the city serves to control the river of Mississippi, would jeopardize the right of America in the river. With Spain refusing to give access to Americans to use the river of Mississippi and access the port of New Orleans in 1798, due to a conflict between the US and Spain even though America signed the Pinckney Treaty, also known as San Lorenzo treaty, with Spain in 1795. Jefferson needed a way to let Americans gain access to the Mississippi River without being compelled to the desires of a foreign country. When Jefferson`s emissary, James Monroe, and Robert Livingston, proposed to Napoleon selling the city of New Orleans to the US, Bonaparte was ready to give not only the city b ut the whole area of Louisiana. The argument of Bonaparte was according to Thomas Fleming: I can hardly say I cede it to them,† Napoleon admitted. â€Å"For it is not yet in our possession. [But] If I leave the least time to our enemies, I will transmit only an empty title to those republicans whose friendship I seek. They ask for only one town of Louisiana [New Orleans]; but I consider the whole colony as completely lost, and it seems to me that in the hands of that growing power, it will be more useful to the policy and even the commerce of France than if I should try to keep it.[11] The readiness of Napoleon Bonaparte to not only sell New Orleans but also the whole territory of Louisiana surprised Jefferson and made him interested in buying the land. To his utmost astonishment, Robert Livingston was instructed by Thomas Jefferson to bargain a deal with Napoleon regarding the city of New Orleans and Florida with the price of 10 million dollars. At least, in case the deal was repudiated by Napoleon to at least obtain an agreement on the access to the port of New Orleans and the Mississippi river.[12] France`s Minister of the Treasury, Franà §ois Barbà ©-Marbois, played a pivotal role in convincing Bonaparte to sell the territory by pointing to its uselessness without the colony of Santo Domingo. Jefferson as well as Bonaparte were keen on signing the treaty as soon as possible, because Jefferson needed access to the land before any foreign country contesting the treaty, mainly Britain and Spain, would try to invade the territory. While Bonaparte was eager to ha ve money as soon as possible to finance his war adventures in Europe. Both Leaders were aware of the lack of legality in the Louisiana Purchase treaty due to Article III of the Treaty of San Ildefonso which states: His Catholic Majesty promises and undertakes on his part to retrocede to the French Republic, six months after the full and entire execution of the above conditions and provisions regarding His Royal Highness the Duke of Parma, the colony or province of Louisiana, with the same extent that it now has in the hands of Spain and that it had when France possessed it, and such as it ought to be according to the treaties subsequently concluded between Spain and other states.[13] The legal issue concerned the phrase that France will not cede the Louisiana territory to any foreign country. However, practicality won over legality and the legal issue was ignored, mainly due to the need of French empire for fund to cover its war expenses. As the United States could not summon the amount of 15 million dollars, Americans propose instead to sell their bonds to France and thanks to Baring and Company of London and Hope and Company of Amsterdam America was able issue 11.25 million dollars to cover its wars and empire building expenses.[14] The Provisions of the Treaty The Louisiana Purchase Treaty was signed on April 30, 1803. The treaty includes 10 articles and the audience was the Americana and French public. The treaty begin by mentioning that the misunderstanding, embedded in Article III and Article V of the Convention of 1800 between the French Republic and the United States of America regarding the US claims based on the Treaty of Friendship Between Spain and The United States in October 27, 1795, would be solved upon the signature of the treaty. The American delegated to Robert R. Livingston and James Monroe the task of signing the treaty with Francis Marbois Minister of the public treasury from the French side. Article I specified the right of France in the territory regardless of the provisions of Article III of St Ildefonso as France was the former owner of Louisiana territory before it was given to Spain. In Article I, France used the adjective â€Å"incontestable title†[15] to describe its ownership of the territory. Thus, Spain cannot compel France to not sell the land to any third party or dispute its title to the area. In addition, the treaty is seen as strong proof of his (Napoleon) friendship[16] to the United States. Therefore, the territory to be given to the US is the same one given to France by Spain as it was stipulated in the treaty of St Ildefonso with with all its rights and appurtenances.[17] Nevertheless, The Louisiana Purchase Treaty angered the Spaniards during its ratification by France and The US. First, because it violated Article III of the Treaty of San Ildefonso, and second, because Spain was not interested in seeing Louisiana under the hands of Americans as it will divert their attention to the silver mines in New Spain[18]. However, due to the military weakness of Spain, it eventually and reluctantly accepted the situation. Article II stipulates that all the islands and territories, unless they are private property, are going to be in the possession of the US. Article III postulates the right of the inhabitants of Louisiana Territory to be given full rights just like the US citizens, based on the US constitution the federal government will protect the rights of freedom, respect of their property and religion. The fear from the mistreatment of the Louisiana inhabitants, who were predominantly Catholic, was generated from the fact that since the US is predominantly Protestant the right of Catholics will be transgressed. Furthermore, there is also the issue of private property of the inhabitants of the territory once it will be transferred to the US, the concern that the US might usurp them of their rights. In order to make sure that the points agreed on by both the government of France and the US are respected, Article IV states that France will send a Commissary[19] to the area of Louisiana to make sure that the provision of the treaty are all done without any problem. Article V addresses the issue of the soldiers of both Spain and France that are already in the territory during the signature of the treaty. Upon signature of the treaty they will be under the command of the commissary appointed by Thomas Jefferson with the idea that they will be embarked to their countries in the period of three months. The purpose of lingering the stay of both Spanish and French soldiers was issued on the grounds of practicality, as the US did not know the whole region and the deployment of those soldiers will take time to prevent any conflict between the three militaries. Article VI addresses the right of Indians that live in the territory and asking the US to abide by the treaties signed between Spain and Indians. Although France describes its title to the Louisiana territory as â€Å"incontestable,†[20] it is worth mentioning that France did not literally sell the land of Louisiana to the US but instead sold its claims to it, as the area was already inhabited by Indians.[21] The French Foreign Minister, Charles Maurice de Talleyrand, did not even know the exact boundaries of the territory it was just speculated that the area covers â€Å"from the Canadian border to the mouth of the Mississippi, and from the western bank of the great river to â€Å"the Shining Mountains,† the Indian name for the Rockies.†[22] Article VII stipulates that both France and Spain have the right to access the port of New Orleans without paying any duties other the one being paid by US citizens in the period of 12 years. At the same time, no other nation other than Spain and France would have the same privileges to the port of New Orleans. The bottom line was to not disturb the economic activities that were already in the territory by the treaty and to allow the people who did business in the area to adjust to the provisions of the treaty without losing their economic activities and protect their way of living. The period of 12 years will start after three months from the ratification of the Louisiana Purchase Treaty. Nonetheless, even after the period of 12 years, France will still be treated as the footing of the most favored nations[23] in New Orleans port according to the words of Article VIII. Besides the issue of US neutrality during France-England war, the major problem that prompted the Quasi-War, the question over the future of US debt towards France was addressed in the Louisiana Purchase Treaty under Article IX: The particular Convention Signed this day by the respective Ministers, having for its object to provide for the payment of debts due to the Citizens of the United States by the French Republic prior to the 30th Sept. 1800 is approved and to have its execution in the Same manner as if it had been inserted in this present treaty, and it Shall be ratified in the same form and in the Same time So that the one Shall not be ratified distinct from the other.[24] Article IX abides the US to continue paying its debt, prior to 1800, to France even though the regime in France has changed from a monarchy to a republic, thus solving a major issue as it was the reason behind the rift in the relations between the two countries after the French revolution took place in France. The agreement reached regarding the debt was of utmost importance to the French as they emphasized that the ratification of the treaty goes hand in hand with the ratification of the debt by making them two face of one coin. Article X, points to the fact that the treaty shall be ratified in the Space of Six months[25] after the signature of the treaty, while bearing in mind that the original treaty is the French version which is understandable as the French are the ones who were selling the land. The treaty was eventually signed by Robert Livingston, James Monroe and Barba Marbois, while the exact date of signature is April 30 in the French version it was written as the tenth of Floreal.[26] Regarding the English version of The Louisiana Purchase Treaty and apart from the difference in terms of French Republican Calendar, Article I included an excerpt from Article III of the Treaty of San Ildefonso in which the English verb â€Å"cede† was the equivalent of â€Å"rà ©trocà ©der† in the French version of the treaty.[27] The verb retrocede implies that the area of Louisiana was in prior possession of France whereby the verb â€Å"retrocede† means return back while the verb cede overlooks the fact that Louisiana was a French territory in the beginning, and instead deems it as a transfer of Spanish territory. In fact, the first settlers in Louisiana were the French, however due to the defeat of France and its allies (Spain) in the Seven Years War against England between 1756 and 1763. France decided to give the area to Spain under the Treaty of Paris in 1783 to compensate for the Spains loss of Florida.[28] The use of the word â€Å"cede† by Am ericans implies that Americans were not interested in allowing the French to one day come and ask for the territory again, they had with Spain. The Consequences of the Treaty on the US Constitution and its Interpretation Thomas Jefferson might have won the battle over the illegality of the treaty as it transgressed Article III of San Ildefonso Treaty. However a battle was awaiting him internally over the constitutionality of the treaty. The interpretation of constitution was a major issue that divided the two parties in congress. The Republicans were saying that anything that was not included in the constitution is unconstitutional while the Federalists wanted to broaden the constitution to give more influence to the central government. This line of reasoning changed with the Federalist resorting to a narrow and limitless interpretation of the constitution in contrast with the Republicans who were aiming for a broad interpretation of the constitution to allow the integration of Louisiana territory into the union. The origin of the sudden change of both parties has to do with the concern of New England that allowing the US to grow West would hurt its electoral power.[29] They were not against the inq uisition of Louisiana as a territory as they were also hoping to enlist Canada into the union but for political reasons the Louisiana Purchase was threatening to the Federalist Party. Ironically, it was the states of New England who paid for the Louisiana Purchase due to its high import duties compared to the South.[30] Jefferson was faced with a dilemma: he is republican who is strict to label any policy that is not described in the constitution as unconstitutional and simultaneously wanting to find a loophole for the treaty to be constitutional. Basically, Thomas Jefferson wanted to buy the Louisiana territory without the need to ferret the constitution for any provision that would make the purchase legal. President Jefferson faced two options either to search for a constitutional provision that would allow him to make the purchase or sign the treaty without the need of a backup from the constitution. In the end, President Thomas Jefferson opted for the latter choice under the advice of Attorney General Levi Lincoln by playing on words, which is instead of saying adding a new territory the USA, would say expand its territory that already existed.[31] In his eighth Congress speech, President Thomas Jefferson avoided talking about the constitutionality of the Purchase, and as there were more Republ icans than Federalists in the house the treaty was signed by the congress. Conversely, many Federalist congressmen opposed the treaty such as Gaylord Griswold who not only tackled the issue of constitutionality of the treaty but also asked for proof that the territory was under French rule and not the Spanish one. Federalists were trying to find any loophole about the treaty as they were afraid that America would be overwhelmed by Louisiana which would result in the loss of their political and economic power. Nevertheless, the Republicans consolidated their case with two arguments: first, if the constitution does not specify the right of the state to sign treaties then not only is The Louisiana Purchase Treaty illegal but also all the treaties that America signed in the past. Second, it is true that the US constitution never stated the expansion of America, yet the constitution cannot be confined to the instance when the constitution was drafted, as the Northwest and South expansion were not settled, thus the illegality of the treaty cannot be viewed from a narrow understanding of the constitution. Article III of the Louisiana Purchase Treaty stated: The inhabitants of the ceded territory shall be incorporated in the Union of the United States and admitted as soon as possible according to the principles of the federal Constitution to the enjoyment of all these rights, advantages and immunities of citizens of the United States, and in the mean time they shall be maintained and protected in the free enjoyment of their liberty, property and the Religion which they profess. [32] The constitutional problem of the treaty rested in this Article as it talked about including new people into the Union. The problem of including the population of Louisiana into the Union was based on the fact that America, for the first time in its history, included an area that is diversified in terms of language (French), religion (Catholicism) and race (Creoles) in contrast with the Anglo-Saxon-protestant character of the US.[33] Under Article III of the treaty, the population of Louisiana had the â€Å"rights, advantages and immunities of citizens of the United States.†[34] However, Jefferson did not keep the promise of the Treaty of Louisiana Purchase to treat them like Americans. What is surprising is that Napoleon did not use this pretext to get Louisiana back as it is stated by Thomas Fleming: â€Å"no one seemed to give any thought to the way the legislation violated the treaty with France, which had guaranteed the inhabitants all the rights of U.S. citizens. The J effersonians were giving Napoleon a perfect pretext to declare the sale of Louisiana invalid whenever it suited him.†[35] The way the rulers were appointed by Jefferson in Louisiana raised the issue not only of the constitutionality of Article III but also the lack of submission to Article III in the first place. As it is stated by Thomas Fleming: In New Orleans†¦the new U.S. rulers were facing a hostile populace†¦It contained not a trace of democracy. Every official, from the governor to judges, was appointed by the president. There was no provision for trial by jury. Jefferson had decided that the French Creoles lacked the education and experience to participate in democracy.[36] Therefore, Article III faced two problems: was it constitutional? And was it fulfilled? Eventually, Thomas Jefferson would abide by the provision of Article III when the congress passed an act in March 2, 1805 that would allow the state of Louisiana to have an elective body of 25 members.[37] Conclusion The Louisiana Purchase treaty was a major treaty that allowed the US to double its size and become a strong power as well as empowering the central government. Jefferson was a pragmatic person who in spite of his strict definition of the constitution, thought it was for the best interest of the United States of America to seize the opportunity of acquiring a vast land. The constitution issue of the treaty paved the way for the Supreme Court under the chief justice John Marshal in 1828 to regard the powers of the president to sign treaties as a constitutional right, thus ending the issue of illegality of the treaty as both acquiring new territories is allowed in the constitution either by conquest or treaty.[38] In addition to solving the constitutional dilemma, the treaty was a major build-up for peaceful relations between France and the US or to be more accurate the return of the relations between the two countries to be normal in spite of the regime change in France. Bibliography