Creative Federalism

1. Creative Federalism Juana Vasquez Marcos Solis Talha Khawaja Jordan Barger Government � 1 9/14/2010

2. Lyndon Johnson Creative Federalism took place from 1960 to 1980 Creative Federalism was created by Lyndon Johnson, it continued to give more power to the national government through the expansion of grant-in-aid system and the increasing use of regulations The federal government worked extensively with the states to provide social services Great Society Programs were used to increase national government�s authority, using state and local government�s to implement national policies

3. Creative Federalism Granted to many levels of government; projects and grants with cross-cutting conditions Programs were aimed at both racial and economic injustice (Civil Rights Act) Mainly concerned with social issues Marked by an explosion of grants that reached beyond the states to establish intergovernmental links at all levels, often bypassing states entirely

4. Lyndon Johnson Creative Federalism took place from 1960 to 1980 It was created by Lyndon Johnson, it continued to give more power to the national government through the expansion of grant-in-aid system and the increasing use of regulations The federal government worked extensively with the states to provide social services Great Society Programs were used to increase national government�s authority, using state and local government�s to implement national policies

5. Concerned with�. The federal government was concerned with directly dealing with local governments in specific policies such as: Housing Transportation Health care poverty Education Social Issues

6. 1960s The Civil War casted the national government as the protector of civil liberty against state incursions, with the fourteenth amendment the conduit through which national standards of personal rights were eventually funneled to the states (North opposed slavery/South didn�t) Southern states found this as a violation to personal and property rights by the national government Highway Beautification Act was proposed in 1965, which was a cross over sanction that regulated the environment through preemption and substitution Water Quality Act was proposed in 1965 which allowed the central government to take over in any state that hadn�t adopted standards at least equal to the federal ones

7. Growing conflict of the 1970sStates and National Regulators The Vietnam War, the oil crisis and the 1970's recession drained off the economic growth that had allowed the new programs to be set in place without disrupting taxpayers Public reaction against the war eroded confidence in the national government. The growth of the national programs overlapped and conflicted with one another. State administrators, growing increasingly capable in part as a result of the interaction around the grants, sought greater control over the programs

8. Baker v. Carr(1962) A United States Supreme Court case that retreated from the Court's political question doctrine, deciding that reapportionment (attempts to change the way voting districts are delineated) issues present justifiable questions, thus enabling federal courts to intervene in and to decide reapportionment cases. The defendants argued that reapportionment of legislative districts is a "political question and should be resolved by federal courts.

9. Baker v. Carr (Continued) In the State legislature of Tennessee, representation was determined by a 1901 law setting the number of legislators for each county. Urban areas, which had grown greatly in population since 1901, were underrepresented. Mayor Baker of Nashville brought suit, saying that the apportionment denied voters of urban areas equal protection of the law as guaranteed by the 14th Amendment. The federal court refused to enter the �political thicket� of State districting, and the case was appealed to the Supreme Court.

10. Court�s Decision Argued that these were political issues, not judicial ones and courts shouldn�t enter this political thicket and won through the political process The Court declared reapportionment issues in favor of Baker This re-apportionment increased the political power of urban centers and limited the influence of more rural, conservative interests that had benefited from the Supreme Court ruling unjustifiable such "political" questions as those of apportionment In a 6-2 ruling, the Supreme Court held that federal courts have the power to determine the constitutionality of a State's voting districts. 

11. Cake Analogy Creative Federalism is most likely a Marble cake because the relationship between the national and state government was characterized by overloaded cooperation and crosscutting regulations The National Government has more power over the States National and State Government worked together

12. Works Cited http://www.cas.sc.edu/poli/courses/scgov/History_of_Federalism.htm http://www.learner.org/courses/democracyinamerica/dia_3/dia_3_topic.html http://www.thefreemanonline.org/columns/creative-federalism/ http://wps.prenhall.com/hss_berman_democracy_4/7/1857/475505.cw/index.html http://www.infoplease.com/us/supreme-court/cases/ar02.html#axzz0zYQBd6r0