A Constitutional and Historical look at Greenland

Body

United States should annex Greenland.

I’ll admit, when I first heard it, I assumed it was an internet hoax. Why would anyone want Greenland? I’ve been to Newfoundland, and I can tell you it gets brutally cold up there, and that’s still farther south than Greenland. I also remember hearing stories about how Greenland and Iceland supposedly swapped names to entice settlers to Greenland, with very little success. Yet it turns out Greenland does have real strategic defense and surveillance value, especially when you look at it on a globe.

As with so many things involving Trump, the rumors spin so wildly that it’s enough to make your head dizzy. With that in mind, it’s worth stepping back and looking at the idea of acquiring Greenland both constitutionally and historically.

Like many constitutional issues, this one is not straightforward. Our Constitution is silent on the acquisition of new lands, yet the United States has done so many times. The best place to start is with Thomas Jefferson and the Louisiana Purchase.

The short version is this, Jefferson jumped at the chance to buy Louisiana when the opportunity arose. The problem was that he didn’t believe he had the constitutional authority to do so. Jefferson was a strict constructionist who believed the president could only do what the Constitution explicitly permitted, and as I said, the Constitution says nothing about buying foreign land. Jefferson initially believed a constitutional amendment was required, but it was a hot real estate market and the deals were going fast! As he would do several times during his presidency, Jefferson rationalized a way around his own principles to get what he wanted.

With the help of James Madison, Jefferson relied on Article II, Section 2, the Treaty Clause, as justification. The clause states: “He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” The idea was that if the president could make treaties, it must be assumed at least some treaties included buying land.

A few years later, Supreme Court Justice John Marshall confirmed this interpretation in American Insurance Co. v. Canter (1823). Marshall held that the Treaty Clause, combined with the War Clause, gives the federal government authority to acquire territory either by treaty or by conquest. So, legally speaking, Trump can purchase Greenland if the Senate agrees, Denmark agrees, and Greenland agrees. That’s a lot of agrees.

Historically speaking, the United States has acquired a great deal of territory: Florida, Oregon, Texas, California, Alaska, Hawaii, Puerto Rico, Guam, American Samoa, and most notably the U.S. Virgin Islands, which were purchased from Denmark in 1917 for $25 million. It’s worth noting that many of these acquisitions involved force or the threat of force, and at least one occurred without prior congressional approval.

The Louisiana Purchase itself provides a useful example. Once Jefferson convinced himself he had the authority to buy land, his original goal was to just purchase New Orleans. The port was essential to the survival of the western United States, which at the time consisted of territory between the Mississippi River and the Appalachian Mountains. With congressional consent, Jefferson sent James Monroe to France with instructions to negotiate a $10 million deal.

What happened next surprised everyone. Napoleon offered to sell not just New Orleans, but the entire Louisiana Territory, for only $5 million more. Shocked by the offer and worried it might disappear, Monroe agreed on the spot, effectively sealing the deal before Napoleon could change his mind adding a pinky swear with “no backsies.” The problem? Monroe had exceeded his authority and acted without congressional approval. Congress did eventually ratify the treaty, but even if it hadn’t, the deal was already done, remember he called “no backsies.”

Another example is Florida. For years, the United States had tried unsuccessfully to purchase Florida from Spain. Acquiring it would give the U.S. control of the entire Atlantic Coast, protect Georgia from Native American raids, and prevent slaves from escaping into Spanish territory. Yet, in 1818, Gen. Andrew Jackson invaded Florida while pursuing Seminole Indians who had crossed into U.S. territory. He built a fort and effectively took control of the region.

Secretary of State John Quincy Adams argued that Florida had become a haven for “every enemy, civilized or savage, of the United States.” With Jackson already in control and Spain weakened, Adams once again offered to buy Florida. Spain, short on money and seeing the inevitable, decided it was in their best interest.

These examples do not give Trump a blank check to pursue Greenland. But they do show that the idea of acquiring controversial territory is hardly new in American history. If all parties were to agree, it is constitutionally and historically possible for Greenland to become a U.S. territory, one that also happens to hold significant strategic value.

James Finck is a professor of American history at the University of Science and Arts of Oklahoma. He can be reached at james.finck(a) swoknews.com.