Creative Federalism (1960-1980)

By Shane Poldervaart, Brian Cheung, Aziz Siddiqui, and David Miao What is Creative Federalism? Creative Federalism (Also known as picket-fence federalism) is primarily associated with the increase in federal power by bypassing the states during John F. Kennedy’s presidency through Jimmy Carter’s. These bypasses include federal regulation of state programs in many specific categories such as education and further enforcement nationwide of the civil rights. Through grants of money, the federal government determined what the needs of the states were and left the states with little or no say. From a marble cake to a picket fence…. (differences between cooperative and creative federalism

-In cooperative federalism the state and federal governments shared power together and focused on having a cooperative relationship. -The New Deal focused on saving the U.S. economy from the Great Depression. States = :) Federal = :)

-Unlike cooperative federalism, the federal government had the sole power to determine what would happen in the states. -In President Johnson’s , the federal government gave grants directly to local governments for specific purposes States = :( Federal = :) => Great Society

The Great Society was a set of domestic programs in the United States launched by Democratic President Lyndon B. Johnson in 1964–65. The main goal was the elimination of poverty and racial injustice by targeting categories such as racial inequality, education, housing, poverty, healthcare, and transportation.

Good-bye racists; Texas voted for this guy and people say we’re racist; Puh-lease

The Great Society plan created a direct linkage between the federal and local government, completely bypassing the state governments. It led to a great change in social equality and reduced poverty.

Anti-war Democrats complained that too much spending for the ended Great Society. While some of the programs have been eliminated or had their funding reduced, many of them, including , , the and federal education funding, continue up to today. The Great Society's programs even expanded under the administrations of Republican presidents and Gerald Ford.

Yeah Medicare; yeah liberal class even though I’m socially conservative

Acts of Great Society

War on Poverty: forty programs that were intended to eliminate poverty by improving living conditions and enabling people to lift themselves out of the cycle of poverty.

Education: sixty separate bills that provided for new and better-equipped classrooms, minority scholarships, and low- interest student loans.

Medicare & Medicaid: guaranteed health care to every American over sixty-five.

The Environment: introduced measures to reclaim our heritage of clean air and water.

National Endowment for the Arts and the Humanities: created with the philosophy that artists, performers, and writers were a priceless part of our heritage and deserve support.

Job Corps: provided enabling skills for young men and women.

Head Start: program for four- and five-year-old children from disadvantaged families that gave them a chance to start school on an even basis with other youngsters. Continued

1964- Econ. Opp. Act- created jobs; fights war on poverty

Tax Reduction Act- Cut income tax rates up to 30%

Wilderness Preservation Act- protected 9.1 million acres of national forest

1965- Elementary and Secondary Education Act- provided aid to schools based on student’s income

Social Security Amendments- Medicare and Medicaid

Omnibus Housing Act- housing for poor

Water Quality Act- States lean up rivers and lakes

Clean Air Act Amendments- Est. exhaust emission standards for new vehicles

Higher Edu. Act- Scholarships and loans for college students

1966- National Traffic and Motor Vehicle Safety Act- Safety standards for vehicles and tires

1967- Air Quality Act- guidelines et on air pollution; increased fed. Gov. power to enforce clean- air standards

Civil Rights back then

Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. They were enacted after the Reconstruction period and continued to be forced until 1965.

These laws were racist, but you knew that.

If U R BLACK, U R Separate But Equal; Go Equality!!

The North was not as racist, but they definitely weren’t equal (just keep reading) - patterns of housing segregation enforced by private covenants, bank lending practices, and job discrimination, including discriminatory labor union practices. Outlawed all discrimination based on race, color, religion, sex, or national origin. It ended unequal application of voter registration requirements and racial segregation in schools, at the workplace, and by facilities that served the general public. It overruled any of the state’s segregation or gender inequality laws.

Executive Order 11246 Signed by President Lyndon B. Johnson in 1965. Established requirements for non-discriminatory practices in hiring and employment on the part of U.S. government contractors

Voting Rights Act of 1965 Prohibits racial discrimination in voting

Amendments

23 - Gave the District of Columbia an electoral college with 3 members

24 - prohibits both the congress and the states from using a poll tax in elections (neutral)

25 - establishes a procedure to fill in the vacant position for president if the current president is dead or incapable, as well as addressing the president’s disabilities

26 - The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.(increased fed power as states further couldn’t discriminate)

Landmark Court cases There is a very large array of court cases that occurred from 1960-1980, so here are the landmark cases that we consider to display the relationship between state and federal government the most and show the change in civil rights and racial equality. Overall the Supreme Court generally rule in favor of the federal government in order to benefit the people.

GET READY TO WRITE! Gideon v. Wainwright (1963) New York Times v. Sullivan (1964) Gideon was too poor to afford a Supreme court takes libel cases & counsel and the state court did not provide him puts burden of proof of malice on the plaintiff, with one since his crime wasn’t a capital which held freedom of the press. Aided free offense. The Supreme Court ruled that the state speech nationally for the good of the civil rights court must provide counsel if the defendant movement. Which was what the federal cannot afford it. Increases federal power as they government wanted. step into law enforcement over the states decisions. Griswold v. Connecticut (1965) Heart of Atlanta Motel, Inc. v. United States A Connecticut law that bans the use (1964) of birth control medication by any person was A motel refused to rent out rooms to black deemed unconstitutional. Guaranteed a right to people which violated the Civil Rights Act of privacy, overruling Connecticut laws. Showed 1964. Supreme court cites the commerce act to an increase in federal power since they prohibit discrimination by businesses. This is overruled a state law to impose woman rights. the beginning of a very long process to stop discrimination in the United States, Miranda v. (1966) Ernesto Miranda was arrested for rape and Harper v. Virginia Board of Elections (1966) wasn’t informed by the police before interrogation about Ruled Virginia’s poll tax on elections his right to remain silent or that whatever he said during unconstitutional.The case was filed by Virginia interrogation could be used against him. After the case, the Supreme Court ruled that detained criminal resident Annie E. Harper, who was unable to suspects, prior to police questioning, must be informed register without having to pay a poll tax. of their constitutional right to an attorney and against Overruled state laws and increased people's’ self-incrimination. Fairly neutral in terms of federalism right to vote. but a definite gain for rights to the public.

Loving vs Virginia (1967) The Lovings, a black woman and a white man, New York Times Co. v. United States (1971) were sentenced to jail for marrying each other. The “The Pentagon Papers” case where Nixon Supreme Court overturned the Loving’s conviction and tried to prevent the New York Times from ruled that anti interracial marriage laws made by the printing classified information about the Vietnam states were unconstitutional. Federal increase in power War, however the court ruling allowed the press as state laws are overturned and blacks are further to publish them without government censorship. supported in their integration as full U.S. Citizens Roe v. Wade (1973) University of Regents v. Bakke Ruled that a woman cannot be (1978) denied the right to have an abortion until fetal The supreme court ruled that it was viability. Definite increase in the power of the unconstitutional to use racial quotas for the national government as they begin to overrule admission process, however race may be a the states in the medical field for the well being factor in the admission decision. of the people.

United States v. Nixon (1974) City of Philadelphia v. New Jersey (1978) President Nixon claimed to have executive New Jersey passed a waste control act privilege of withholding confidential information that banned imports of noxious wastes from in high-level communications. The Court outside the state. The Supreme Court ruled that unanimously ruled against Nixon’s claim, which the act was unconstitutional because of the set the precedent of limiting the power of the commerce clause, the states can not president. discriminate against another state's articles of commerce. Works Cited

http://iipdigital.usembassy.gov/st/english/publication/2008/04/20080407123655eaifas0.7868769.html http://civilrights.findlaw.com/civil-rights-overview/civil-rights-timeline-of-events.html https://fee.org/articles/creative-federalism/ http://www.presidency.ucsb.edu/ws/?pid=28023 https://www.oyez.org/cases/2016 https://wikipedia.com