By: Maia Spieldenner, Michelle Henneke, Chloie Calderon. Creative Federalism (Picket Fence Federalism)

Transcription

1 By: Maia Spieldenner, Michelle Henneke, Chloie Calderon Creative Federalism (Picket Fence Federalism)

2 Development of Creative Federalism Cooperative Federalism, which is the system where both the federal and state government s responsibilities are intertwined, branched out to Creative Federalism during Lyndon B. Johnson s presidency due to the state government s dependency on the federal government for aid. This gave the federal government more power and enabled them to determine the states needs and provide them with those services.

3 Advantages and Disadvantages Advantages States could denounce excessive federal tax and spending while claiming credit for state programs funded by federal money States could avoid taxing their citizens Equalizes resources among states Attacks national problems without growing federal agencies Common planning and decision making DIsadvantages More mandates (strings) attached, such as the drinking age raised to 21 Unfunded mandates (regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements) Preemption (the federal laws right to preclude enforcement of a state or local law or regulation)

4 Great Society The Great Society was a series of policy initiatives, legislation, and programs created by President Lyndon B. Johnson with the goal to end poverty, reduce crime, abolish inequality and improve the environment.

5 Great Society Programs Economic Opportunity Act of 1964: Authorized the formation of local Community Action Agencies as part of the War on Poverty Civil Rights Act of 1964: Outlawed discrimination based on color, race, religion, gender, and national origin Social Security Act of 1965: Authorized medicare and allowed for funding for medical care of the elderly Elementary and Secondary Education Act of 1965: Provided direct funding to public education. Voting Rights Act of 1965: Allowed for minorities to vote by eliminating literacy tests and other discriminatory voting practices Omnibus Housing Act of 1965: Provided affordable housing for Americans

6 Societal Changes of The Great Society Lyndon B. Johnson s program greatly pushed the nation to a state of stability by increasing social security benefits, providing medicare and medicaid, strengthening the importance of education, reducing discrimination, and subtracting the number of families in poverty.

7 War on Poverty Being a counterpart of the Great Society, The War on Poverty was a social-welfare program, initiated in the 1960s by Lyndon B. Johnson. It sought to diminish poverty, which was made up of roughly 20% of Americans at the time, through a series of programs and agencies.

8 Programs and Agencies under The War on Poverty Office of Economic Opportunity: provided funds for vocational training Job Corps: train youth in conservation camps and urban centers Social Securities Amendments of 1965: created medicare and medicaid, and also expanded social security benefits to retirees, widows, and the disabled, financed through payroll tax and cap rates. Food Stamp Act of 1964: made the food stamp program permanent. Economic Opportunity Act of 1964: established the job corps, the VISTA program, and work-study programs.

9 Amendments 23rd Amendment: (1961) Voting rights changed and allowed the federal political body to vote. It also resided in the district of columbia. 24th Amendment: (1964) Abolished the poll tax 25th Amendment (1967) Presidential vacancy, inability and disability 26th Amendment: (1971) Lowered voting age to 18

10 Engel v. Vitale (1962) A New York law allowed public schools to open each day with a non-denominational prayer. Supreme Court ruled that the law was unconstitutional even though it allowed students to absent from the prayer, because it violated the first amendment. This case is important because it clearly defined that one of the powers of the first amendment was to prevent government interference with religion.

11 Wisconsin v. Yoder (1972) Amish families were fined for stopping education for children at the age of 16, therefore breaking a state law. They argued that the fine was in violation of their first amendment rights ( freedom of religion) because schooling past the age of 16 interfered with religious values. The Supreme Court ruled in favor of the Amish, stating that Wisconsin s law was not applicable to the Amish under the free-exercise clause.

12 Tinker v. Des Moines Independent Community School District (1969) A group of students in Des Moines decided to wear black armbands to school, in support for a truce to end the Vietnam War. The children were sent home and parents sued in violation of the student s right to protest. Supreme Court ruled that the armbands were a representation of speech. Therefore, officials can t censor student s speech unless deemed disruptive.

13 New York Times Co. v. United States (1971) Also known as the Pentagon Case The Nixon administration attempted to prevent the New York times and Washington Post from publishing materials,belonging to a classified Defense Department, regarding United States activities during the Vietnam War. Nixon argued that restraint was necessary to protect national security. Supreme Court ruled that because publishing the papers didn't cause a direct effect on the armed forces, or put them in danger, the president couldn t stop publication because of the first amendment. Reinforced the restriction of power on the executive branch.

14 Gideon v. Wainwright (1963) Charged with a felony, Clarence Earl Gideon requested that the state gov. Provide him with a lawyer in support of his sixth amendment right. However, Florida law would only provide a lawyer for capital cases. Therefore, Gideon filed a Habeas Corpus petition to the Supreme Court. Supreme Court overturned Betts v. Brady (1942) which stated that state gov. Could refuse appointment for a felony charge. Instead, the court ruled that the sixth amendment s guarantee of counsel is a fundamental right. Therefore all peoples not able to afford a lawyer must be appointed one by the state.

15 Roe v. Wade (1973) Jane Roe instituted federal action against Henry Wade, District Attorney of Dallas County, because Texas law prohibited abortion. Supreme Court held that a set of Texas statutes criminalizing abortion in most cases violated a woman's constitutional right to privacy, upheld by Griswold v. State of Connecticut (1965) Legalized abortion nationwide.

16 Baker v. Carr Charles W. Baker & Tennessee citizens alleged that a 1901 law designed to apportion the seats for the state s General Assembly was ignored. Typically, populations in rural areas had been overrepresented in legislature In 1946 Colegrove v. Green, the court said that the judiciary could not intervene in apportionment. However, the Supreme Court established the right of federal courts to review redistricting issues. Paved the way for the one man, one vote standard of Democracy.

17 Why are these court cases significant to Creative Federalism? You begin to see a change in the way the national government handles situations. For instance, many of the court cases involved disputes between state government laws and citizens rights. Therefore, the federal government had to step in to settles these disputes, extending its power into what would traditionally be the states purview, in order to protect and maintain the rights of its citizens.

18 The Cake Exterior Red, blue, and white icing to symbolize the U.S. White picket fence to symbolize the levels of government (state, local, and federal= horizontal planks) and the programs and policies associated with all levels of government (vertical planks) Interior Marble to symbolize the federal, state, and local governments

19 Works Cited eralism-the-basis-for-american-government/ ds/