The Great Society

The 1960s continued to shift the meaning of “rights” away from its traditional definition. The Founders thought of rights as formal liberties to be exercised by individuals as they wished. Freedom mostly meant the right of a virtuous people to be let alone. Beginning in the Progressive Era and continuing through the New Deal, though, “rights” became understood as entitlements and services that the government would guarantee to certain people at society’s expense. This would be done in the name of democratic equality and of elevating Americans’ quality of life.

In May of 1964, President Lyndon Johnson shared his idea for the “Great Society” in a speech to Michigan college graduates. He drew a contrast between the “turmoil” of Detroit and the “tranquility” of the college campus and explained his view of the challenges that lay ahead for the U.S. In his view, the national government bore the responsibility to address them. He referenced the Declaration of Independence, saying,

“The purpose of protecting the life of our Nation and preserving the liberty of our citizens is to pursue the happiness of our people” (Lyndon Johnson, “The Great Society” Speech, May 22, 1964).

But whereas the Declaration’s authors understood the pursuit of happiness to be an individual one, LBJ was saying that the pursuit of happiness was a collective obligation on government to provide benefits to individuals.

He also drew a contrast between what he saw as the goals of the past and the goals of his time:

“For a century we labored to settle and to subdue a continent. For half a century we called upon unbounded invention and untiring industry to create an order of plenty for all of our people. The challenge of the next half century is whether we have the wisdom to use that wealth to enrich and elevate our national life, and to advance the quality of our American civilization” (Lyndon Johnson, “The Great Society” Speech, May 22, 1964).

Much as his predecessors Woodrow Wilson and FDR had believed, LBJ thought that government’s role should not be limited to protecting constitutional rights. It should play a positive role in providing the community with the tools to fulfillment. By providing basic needs and more, the government would be freeing people to pursue higher goals and achieve self-actualization.

Lyndon johnson
In the mid-1960s, President Lyndon B. Johnson pushed a Progressive legislative agenda through Congress to create a "Great Society."

The national government, LBJ continued, should embark on a project of ensuring both “abundance and liberty” for all, by focusing on improving cities, protecting the countryside, and upgrading classrooms. In keeping with the general progressive reliance upon experts to lead the way, LBJ explained that he would convene panels of experts to study the problems and present solutions:

“While our Government has many programs directed at those issues [improving our cities, countryside, and classrooms], I do not pretend that we will have the full answer to those problems. But I do promise this: We are going to assemble the best thought and the broadest knowledge from all over the world to find those answers for America. I intend to establish working groups to prepare a series of White House conference and meetings—on the cities, on natural beauty, on the quality of education, and on other emerging challenges. And from these meetings and from this inspiration and from these studies we will begin to set our course toward the Great Society” (Lyndon Johnson, “The Great Society” Speech, May 22, 1964).

As president, the most Johnson could do to get new laws passed was “recommend measures” to Congress and recommend them he did. By 1966, Congress had passed more than 200 new laws that LBJ had proposed.

LBJ continued the steps that President John F. Kennedy had begun to take on civil rights and affirmative action. The Civil Rights Act of 1964 forbade racial discrimination in employment and “public accommodations” such as restaurants and hotels. In its effort to end a largely segregated society, Congress claimed power under the Interstate Commerce Clause to limit the rights of business owners to determine who they would serve. The Supreme Court upheld this claim.

March on washington  1963
The March on Washington took place in August, 1963, and pressured Congress to pass the Civil Rights Act the following year.

The Twenty-Fourth Amendment (1964) banned the use of poll taxes to deny people the right to vote, and the Voting Rights Act in 1965 banned literacy tests, often used by states to deny minorities the right to vote.

Johnson and Congress took on the goal of ending poverty in the U.S. with a number of wealth transfer programs and laws attempting to ensure the delivery of good educations to children. The Social Security Act of 1965 created Medicare and Medicaid. The Food Stamp Act of 1964 established the federal food stamp program. The Economic Opportunity Act of 1964 authorized the creation of government “community action agencies” which would be directly regulated by the federal government, thus bypassing those state governments that had resisted the programs. The law included about a dozen programs such as the Job Corps and Neighborhood Youth Corps (providing training and education to young adults); Work Study (providing money to colleges and universities to pay the salaries of part-time student/staff); Urban and Rural Community Action (providing money for community programs for the poor); and Volunteers in Service to America (VISTA), which is a domestic version of the Peace Corps. While many federal welfare programs were scaled back in the later Nixon and Clinton administrations, most of them remain in place.

With still another expansion of the national government, the Great Society transformed its role in education, starting the first major federal incursion into K-12 education policy—policy which, traditionally, had been set by states and localities. Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973 prohibited discrimination based on race, sex, and disability, respectively. The Elementary and Secondary Education Act (1965) provided over a billion dollars in federal grants to states. States could use the money to serve poor communities, improve educational research, purchase materials and books, and strengthen their own educational bureaucracies. The Higher Education Act (1965) established financial aid programs.

In the years leading up to and during the space race with Russia, some became concerned that Americans were too focused on math and science. They worried that the arts and humanities, so crucial to the enriched and elevated culture LBJ envisioned, would suffer. LBJ signed the National Foundation on the Arts and the Humanities Act of 1965, creating the National Endowment for the Humanities and the National Endowment for the Arts. Each would be run by a governing board of leaders in the field. The Act read in part,

“Democracy demands wisdom and vision in its citizens. It must therefore foster and support a form of education, and access to the arts and the humanities, designed to make people of all backgrounds and wherever located masters of their technology and not its unthinking servants” (National Foundation on the Arts and the Humanities Act of 1965).

The Great Society also included eleven pieces of environmental legislation to protect American lands, water, and air from pollution, toxic chemicals, “visual pollution,” and excessive airplane noise. The Environmental Protection Agency was established a few years later in 1970. This agency was given broad powers related to a variety of federal research, monitoring, standard-setting and enforcement activities, intended to ensure environmental protection.

Pollution 1970s
Congress created the Environmental Protection Agency (EPA) after several highly-publicized environmental disasters in the 1960s and 1970s.

While few doubt the programs were well-intended, many Great Society programs remain controversial. Liberals and conservatives today are divided on the question of whether they should be phased out, as many conservatives contend, or ramped up, as many liberals argue. While conservatives argue the programs are wrongly conceived, infringe on rights, and actually hurt the people they are intended to help, liberals contend the programs haven’t worked because they have not been adequately funded, or the people not adequately informed and educated about them.

Because civil rights legislation described what individuals and companies (rather than government) must do to protect civil rights, lawsuits became a key way of punishing those who did not comply. In keeping with a progressive, post-New Deal definition of “rights,” (i.e. benefits to which individuals were entitled) laws began to be evaluated on the basis of whether they had “disparate effects.” This phrase, which is controversial, refers to laws that are race- or sex-neutral but which, for reasons not addressed by the law, affect people of different races or sexes differently. This meant that if a company or government policy had the result of appearing to discriminate against members of a protected class, the company could be successfully sued for discrimination even if the policy treated everyone exactly the same. For example, an apparently neutral hiring practice—all employees in a shipping company must be able to lift a one hundred pound box, for example—could end up excluding women from the pool of eligible employees. The burden of proof was on employers, who would have to hire lawyers and prove at their own expense that the hiring practices were essential as a business necessity.

With respect to education, critics point to decreasing student achievement and competitiveness that they say corresponds to the national government’s involvement in education. (These criticisms have intensified through the years, especially with the standardized testing requirements set by No Child Left Behind and the latest push for Common Core standards.).

Conservative critics charge that federal welfare programs have failed. They argue that charity is better and more efficiently provided through state, local, and private means than by the federal government. Further, they argue that the welfare state has actually hurt those people it was meant to help, by creating a permanent underclass that is dependent on government. They say that by subsidizing single motherhood, welfare programs have actually made poverty worse and contributed to the breakdown of families.

President Ronald Reagan, a conservative Republican, said in 1986,

“In 1964 the famous War on Poverty was declared and a funny thing happened. Poverty, as measured by dependency, stopped shrinking and then actually began to grow worse. I guess you could say, poverty won the war. Poverty won in part because instead of helping the poor, government programs ruptured the bonds holding poor families together” (Ronald Reagan, “Radio Address to the Nation on Welfare Reform,” February 15, 1986).

Test Your Knowledge

  1. Question 1 of 1

    The Civil Rights Act of 1965

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Law of Demand
As prices decrease, the quantity demanded increases or as prices increase, the quantity demanded decreases.
Natural rights
Rights which belong to us by nature and can only be justly taken away through due process.
Inalienable rights
Rights which belong to us by nature and can only be justly taken away through due process.
Liberty
Except where authorized by people through the Constitution, government does not have the authority to limit freedom.
Popular sovereignty
The power of government flows from the people.
Separation of powers
A system of distinct powers built into the constitution, to prevent an accumulation of power in one branch.
Checks and balances
Powers distributed among the branches of government allowing each to limit the application of power of the other branches and to prevent expansion of power of any branch.
Federalism
The people delegate certain powers to the national government, while the states retain other powers; and the people, who authorize the states and national government, retain all freedoms not delegated to the governing bodies.
Justice
Fairness or reasonableness in the way people are treated or decisions are made.
private property
The natural right of all individuals to create, obtain, and control their possessions, beliefs, faculties, and opinions, as well as the fruits of their labor.
limited government
Citizens are best able to pursue happiness when government is confined to those powers which protect their life, liberty, and property.
representative government
(or republican government) Form of government in which the people are sovereign (ultimate source of power) and authorize representatives to make and carry out laws.
republican government
(or representative government)Form of government in which the people are sovereign (ultimate source of power) and authorize representatives to make and carry out laws.
civil discourse
Reasoned and respectful sharing of ideas between individuals is the primary way people influence change in society/government, and is essential to maintain self-government.
Constitution
The fundamental principles by which a state or nation is governed. The United States Constitution, written in 1787, lays out the roles and powers of each of the three branches of government (legislative, executive, and judicial), the protections of due process and rule of law in the states, a republican form of government, and the manner in which to amend the document.
Thomas Jefferson
Jefferson was a Virginia plantation owner who was the principle author of the Declaration of Independence. Jefferson served as a legislator and governor in Virginia, as well as an ambassador to France, Secretary of State under George Washington, Vice President under John Adams, and the third President of the United States. During his political career, Jefferson founded the Democratic-Republican Party with James Madison, and he bought the Louisiana Purchase from France. After his presidency, Jefferson started the University of Virginia near his home, Monticello.
Bill of Rights
The first ten amendments to the Constitution, ratified in 1791, which limit government power and protect individual liberties, including the freedoms of speech, press, religion, petition, and assembly, as well as protections against cruel and unusual punishment, unreasonable search and seizure, and other due process rights.
Second Amendment
Ratified in 1791, it protects citizens’ rights to create a militia and to bear arms. “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
Due Process
The government must interact with all persons according to the duly-enacted laws; applying these rules equally among all persons.
Equality
Every individual is equal to every other person with respect to natural rights and treatment before the law.
Consent of the governed
The authority of the government must come from the people through elections and through the people’s interaction with government.
Individual responsibility
Individuals must take care of themselves and their families, and be vigilant to preserve their liberty and the liberty of others.
Rule of law
Government officials and citizens all abide by the same laws regardless of political power.
Declaration of Independence
The document written in 1776 by the Founders to send to Britain’s King George III in which independence from Britain was declared and the reasons for the separation were explained.
Articles of Confederation
The first national government document developed in 1781 by the Founders. The Articles created a federal legislative branch, but there was no executive or judiciary. The states retained most of the governmental powers.
Founders
The group of people who wrote and influenced the Declaration of Independence, the Articles of Confederation, the United States Constitution, and the United States Bill of Rights. These men were instrumental in establishing the nation and its governmental documents and practices.
Federalist Papers
A series of 85 essays written to convince the people of New York to ratify the Constitution. The authors were James Madison, Alexander Hamilton, and John Jay. These documents are considered to be the most authoritative explanation of the political theory of the Constitution.
First Amendment
Ratified in 1791, it protects the freedom of speech, the freedom of religion, freedom of the press, freedom to assemble, and freedom to petition the government. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
Law of Supply
As the price drops, the quantity supplied also drops.
Fourth Amendment
Ratified in 1791, it protects citizens’ rights against unreasonable searches and seizures of property and explains that warrants must be issued with probable cause. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Fifth Amendment
Ratified in 1791, it protects the right indictment by a jury, against double jeopardy, self-incrimination, loss of life, liberty, or property without due process, and just compensation for private property taken for public use. “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Tenth Amendment
Ratified in 1791, it states that the powers not enumerated or delegated in the Constitution are reserved for the states and the people. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”
Eighth Amendment
Ratified in 1791, it protects against excessive bail and fines and cruel and unusual punishments. “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”
Ninth Amendment
Ratified in 1791, the listing of certain rights protected by the Constitution cannot be used to deny rights not enumerated in the document. “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”
Alexander Hamilton
One of the Founding Fathers of the United States, Alexander Hamilton served as General Washington’s chief of staff, promoted the ratification of the Constitution in the Federalist Papers, and founded the nation’s financial system and first political party.
James Madison
Madison was a Framer who was instrumental in writing the Constitution and Bill of Rights. He is known as the “Father of the Constitution.” Madison partnered with Alexander Hamilton and John Jay to write the Federalist Papers in support of the ratification of the Constitution. He also served as a member of the Virginia House of Delegates, the United States House of Representatives, Secretary of State under Thomas Jefferson, and the fourth president of the United States.
George Washington
First President of the United States, George Washington served as commander-in-chief of the Continental Army during the American Revolution and was one of the Founding Fathers of the United States.
John Locke
An English philosopher and physician, John Locke was one of the most influential Enlightenment thinkers and is known today as the Father of Classical Liberalism.
Continental Congress
The Continental Congress, comprised of delegates from 12 of the 13 American colonies, represented the colonists during and after the American Revolution. The Continental Congress issued the Declaration of Independence and ratified the Articles of Confederation.
King George III
King George III was the King of Great Britain at the time of the American Revolution. His actions towards the American colonies, outlined in the Declaration of Independence, spurred the American Revolution.
Great Depression
Spanning ten years from 1929 to 1939, the Great Depression was one of the longest-lasting economic downturns in the history of the United States affecting the U.S. and most of the world.
Preamble
An introductory statement, preface, or introduction.
Tyranny
Cruel and unfair treatment by people with power over others.
Tyrannical
Using power over people in a way that is cruel and unfair.
John Adams
Before becoming the second President of the United States, John Adams served as the country’s first Vice President under George Washington. Adams was an advocate of American independence from Britain and a Federalist.
John Jay
Founding Father John Jay was one of the signers of the Treaty of Paris and served as the first Chief Justice of the United States. He was also one of the authors of the Federalist Papers.
Third Amendment
Ratified in 1791, it protects citizens against the quartering of soldiers in private homes without their approval. “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.”
Sixth Amendment
Ratified in 1791, it protects the rights of impartial jury trials, the right to be informed of the accusations against you, the right to be confronted by witness, and the right to be assisted by counsel. “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.”
Seventh Amendment
Ratified in 1791, it protects the right of jury trials in law suits dealing with more than twenty dollars and protects against reexamination of the trial in any court if decided by a jury. “In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.”
Alexis de Tocqueville
French political thinker and historian, Alexis de Tocqueville is best known for his works Democracy in America and The Old Regime and the Revolution. He visited the U.S. in the 1830s and wrote admiringly about many aspects of American law and society.
Democracy in America
Written by Alexis de Tocqueville after visiting the United States, Democracy in America contains de Tocqueville’s analysis of and reflections on the United States’ democratic system and society. The first volume was published in 1835 and the second in 1840.
Magna Carta
Written in 1215, it is the oldest document in the British and American heritage of rights. Contributed to the adoption of the First, Third, Fourth, Fifth, Sixth, and Eighth Amendments of the Bill of Rights, and speaks of these rights as ancient.
Two Treatises of Civil Government
Written by John Locke in 1690, the Two Treatises of Civil Government criticize absolute power for kings and outline Locke’s suggestions for a more civilized society based on natural rights and the social contract.
Thirteenth Amendment
The Thirteenth Amendment to the Constitution abolished slavery and involuntary servitude, except as punishment for a crime. “Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation.”
Framers
The group of people who actually attended the Constitutional Convention and participated in writing the Constitution.
Fourteenth Amendment
Ratified in 1868, it states that all people born or naturalized in the United States are citizens and ensures that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
Sixteenth Amendment
Ratified in 1913, the Sixteenth Amendment gave Congress the ability to collect income taxes. “The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several states, and without regard to any census of enumeration.”
Eighteenth Amendment
atified in 1919, the Eighteenth Amendment introduced Prohibition, the period of United States history when the manufacture, sale, and transportation of alcohol was made illegal throughout the country. “Section 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited. Section 2. The Congress and the several states shall have concurrent power to enforce this article by appropriate legislation. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.”
Twentieth Amendment
The Twentieth Amendment was ratified in 1933, and it establishes procedures for presidential succession and the start and end of federal officials’ terms of office. “Section 1. The terms of the President and Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3rd day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.
Twenty-First Amendment
In 1933, the Twenty-First Amendment repealed the Eighteenth Amendment, ending Prohibition. “Section 1. The eighteenth article of amendment to the Constitution of the United States is hereby repealed. Section 2. The transportation or importation into any state, territory, or possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited. Section 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several states, as provided in the Constitution, within seven years from the date of the submission hereof to the states by the Congress.”
English Bill of Rights
Passed by the British Parliament in 1689, the English Bill of Rights limited the power of the British monarch, outlined the rights of the Parliament, and guaranteed Protestants the right to bear arms.
Parliament
The legislative body of the United Kingdom (known as Great Britain or England during the Founding era).
Benjamin Franklin
One of the Founding Fathers of the United States, Benjamin Franklin was a statesman, author, publisher, scientist, inventor and diplomat. He served in the Second Continental Congress during the American Revolution and helped draft the Declaration of Independence. In addition, Franklin helped negotiated the Treaty of Paris which ended the Revolutionary War and later served as a delegate to the convention that produced the U.S. Constitution.
Suffrage
The right to vote.
Republic
A government in which the power belongs to citizens through the right to vote.
Fifteenth Amendment
Ratified in 1870, it states that the right could not be restricted based on “race, color, or previous condition of servitude.” “Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. Section 2. The Congress shall have power to enforce this article by appropriate legislation.”
Seventeenth Amendment
Ratified in 1913, the Seventeenth Amendment introduced direct election of Senators. “The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures. When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct. This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.”
Nineteenth Amendment
Ratified in 1920, the amendment stated that a citizen’s right to vote must not be restricted based on gender. “The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. Congress shall have power to enforce this article by appropriate legislation.”
Direct Democracy
Direct democracy is a political system in which the people vote directly on policies or laws, as opposed to voting for representatives who enact laws on their behalf.
Arbitrary
Not planned or chosen for a particular reason; done without concern for what is fair or right.
Judicial Review
The process by which courts analyze the constitutionality of an act of government.
Majority rule/minority rights
laws may be made with the consent of the majority, but only to the point where they do not infringe on the inalienable rights of the minority.
Fiat
An arbitrary order or decree.
Property
Something that is owned by a person, business, etc. This includes possessions, beliefs, faculties, and opinions, and the fruits of one's labor.
Democracy
A government in which the power is held by the people.
Electoral College
A body of electors chosen by each state to vote for the president and vice president of the United States.
Virtue
Conduct that reflects universal principles of moral and ethical excellence essential to leading a worthwhile life and to effective self-government. For many leading Founders, attributes of character such as justice, responsibility, perseverance, etc., were thought to flow from an understanding of the rights and obligations of men. Virtue is compatible with, but does not require, religious belief.