Some people want you to believe that Thomas
Jefferson waged war on the Barbary pirates
without congressional approval - but they're
either ignorant or lying.
Whenever we point out that the president is not
constitutionally authorized to initiate offensive
military action, we get a response like this -
“Thomas Jefferson sent ships and Marines
to kick some pirate butt without even telling Congress,
let alone get their approval. Are you saying
Jefferson was wrong?﻿” But this isn't the whole
story. In fact, it’s missing so much, it’s not even true.
Aggression against US shipping had been
going on for decades. Barbary pirates captured
a number of American sailors and demanded
ransom soon after Jefferson took office.
The president refused to pay. In response, the pasha of
Tripoli declared war on the United States.
As historian Dave Benner wrote, Congress had
previously authorized the Navy to take action and
destroy Barbary pirate ships in order to protect
American commerce.
Even before the pasha’s declaration of war,
Jefferson used this congressional authorization to
send four ships to the area to maintain peace and
even engage in diplomacy with the Barbary states.
The commander of the small fleet was instructed
to protect the ships and their crew from
hostility by taking responsive action against the pirates.
After the declaration of war, Jefferson
remained steadfast in his pledge to demonstrate
America’s commitment in the matter, but refused
to take offensive action against Tripoli, insisting
that he was "unauthorized by the Constitution,
without the sanction of Congress, to go beyond the
line of defense." In the following years, Congress
passed at least ten different statutes that
authorized additional action. In 1802,
Congress authorized the president to equip armed
vessels to protect commerce and seamen in the
Atlantic, the Mediterranean, and adjoining seas.
Additionally, the president was empowered to
"subdue, seize, and make prize of all vessels,
goods, and effects belonging to the Bey of Tripoli."
Additional legislation
in 1804 gave explicit support for “warlike
operations against the regency of Tripoli, or any
other of the Barbary powers.”
But President Jefferson kept his word and always
deferred to Congress in matters concerning the Barbary
pirates. By doing so, he proved that  American
interests can be protected while still following
the Constitution.
