American Federalism, 1776 to 2000

Read this report. The authors identify several significant periods and events in the evolution of American federalism. Is the story of American Federalism about balance and struggle or about increased power for one layer of government at the expense of the other?

Creative Federalism: 1960 to 1968

President Lyndon Johnson's Creative Federalism as embodied in his Great Society program, was, by most scholars' assessments, a major departure from the past. It further shifted the power relationship between governmental levels toward the national government through the expansion of grant-in-aid system and the increasing use of regulations.


1962 – Supreme Court Forces Reapportionment.

The Supreme Court's ruling in Baker v. Carr is a noted example of judicial intervention into state political affairs on constitutional grounds. The Tennessee General Assembly had not reapportioned legislative districts since 1901 despite a state constitutional requirement to apportion according to population. The migration of people from rural to urban areas without legislative districts being redrawn to reflect population shifts had resulted in city residents being under-represented in the state legislature. The Supreme Court required the reapportionment of legislative districts based on population (proportional representation). The Supreme Court ruled that the denial of equal representation (districts equal in population size) was a violation of the equal protection clause of the Fourteenth Amendment. Based on standards established by the Supreme Court, every state except Oregon was forced to reapportion to achieve districts equal in population. Another legacy of Baker v. Carr was the reinvigoration of the practice of gerrymandering of legislative districts after each decennial Census in order to achieve or maintain some political advantage.


1964 – Creative Federalism and the Great Society.

Creative Federalism and the Great Society sought to expand the national government's role in an effort to achieve socially desirable outcomes (i.e reductions in poverty, elimination of hunger). Prior to the Johnson Administration, federal involvement often had to be justified as a necessary evil in order to legitimize intrusion into state and local affairs. Under the new theory, federal involvement was justified as long as Congress could establish a national purpose for such actions. The Great Society programs used states and local governments as intermediaries or agents to implement national policies, and the volume of federal regulations increased as the federal government became increasingly involved in areas that had previously been the purview of state and local governments or the private sector.