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The Making of a “Legislative Miracle”: The Elementary and Secondary Education Act of 1965
Published online by Cambridge University Press: 28 April 2017
Abstract
The 1965 Elementary and Secondary Education Act (ESEA) was one of the most significant legislative accomplishments in twentieth-century American politics. To date, legislative histories have usually argued that the ESEA's passage was the result of either auspicious political circumstances or the political skill of the Johnson White House. Complicating these histories, I argue here that the ESEA was the result of skillful entrepreneurship on the part of policymakers in the White House and in Congress, and that while some auspicious political circumstances existed, these had less to do with the 1964 landslide election and more to do with subtler changes in congressional rules and commitment assignments that had taken place over the previous decade. I illustrate how ESEA supporters collectively overcame daunting legislative roadblocks, including a fractious House of Representatives and the “Three Rs.” I conclude by reflecting on the relevance of the 1965 debates for today's education policy environment.
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References
1 Guthrie, James, “A Political Case History: Passage of the ESEA,” Phi Delta Kappan 49, no. 6 (Feb. 1968), 302–6Google Scholar; McAndrews, Lawrence and Scott, Kathryn, “Full Circle: Elementary and Secondary Education Politics and Policies of Lyndon Johnson and Bill Clinton,” Social Science Journal 39, no. 1 (2002), 53–64 CrossRefGoogle Scholar; Eidenberg, Eugene and Morey, Roy, An Act of Congress: The Legislative Process and the Making of Education Policy (New York: W. W. Norton, 1969)Google Scholar.
2 Guthrie, “A Political Case History,” 305.
3 Ravitch, Diane, The Troubled Crusade: American Education 1945–1980 (New York: Basic Books, 1983), 148 Google Scholar.
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6 Ibid., 77.
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9 For two other examples of the presidential entrepreneurship interpretation, see McGuinn, Patrick, No Child Left Behind and the Transformation of Federal Education Policy, 1965–2005 (Lawrence: University Press of Kansas, 2006), 30 Google Scholar; and Rhodes, Jesse, An Education in Politics: The Origins and Evolution of No Child Left Behind (Ithaca, NY: Cornell University Press, 2012), 32 CrossRefGoogle Scholar.
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16 Price, “Race, Religion, and the Rules Committee.”
17 In 1964, Bendiner wrote “[general aid] may happen, but it is not a good bet,” Obstacle Course, 36. Similar pessimism can be found in Fenno and Munger, National Politics, 184–85.
18 Graham, The Uncertain Triumph, 25.
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21 Lyndon Johnson, “Special Message to Congress: ‘Toward Full Educational Opportunity,’” Jan. 12, 1965, http://www.presidency.ucsb.edu/ws/?pid=27448.
22 Ibid.
23 Johnson, The Vantage Point, 209.
24 The exact Democratic advantage was 295–140 in the House and 68–32 in the Senate.
25 For contrasting valuations of the Gardner Task Force, see Davies, See Government Grow, 32; and Graham, The Uncertain Triumph, chap. 3.
26 Report of the President's Task Force on Education, Nov. 1964, Task Forces, Task Force Reports subject file, box 1, LBJ Presidential Library (hereafter LBJL).
27 Between 1940 and 1964, the House had only ever passed general-aid legislation once. The Senate had done so eight times.
28 Robert Hunter to Douglass Cater, memo, Dec. 24, 1964, White House Central Files (WHCF), Federal Aid subject file (FA 2), box 7, LBJL.
29 Reeves, Andrée E., Congressional Committee Chairmen: Three Who Made an Evolution (Lexington: University Press of Kentucky, 1993), 4–5 Google Scholar.
30 Munger and Fenno, National Politics, 122. For more on Barden's leadership style, see Reeves, Congressional Committee Chairmen, 20–75.
31 Congresswoman Edith Green believed that it was Sam Rayburn who principally “made it [the ESEA] possible” because he placed so many pro-aid members on HEL. See Edith Green, Oral History, Aug. 23, 1985, 22, LBJL.
32 For more on Powell's leadership, see Reeves, Congressional Committee Chairmen, 72–140.
33 For more on HEL membership and voting patterns, see Reeves, Congressional Committee Chairmen, 79–102.
34 Donald Damron, “The Contributions of Carl D. Perkins on Higher Education Legislation, 1948–1984” (PhD diss., Middle Tennessee State University, 1990), 103.
35 Ibid., 1.
36 Larry O'Brien called Perkins's spirited leadership and celerity “remarkable.” See Larry O'Brien to Lyndon Johnson, memo, March 8, 1965, WHCF, Subject File Legislation (LE), box 38, LBJL.
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38 Ibid.
39 Powell, Adam Clayton Jr., Adam by Adam: The Autobiography of Adam Clayton Powell, Jr. (New York: Dial Press, 1971), 70–72 Google Scholar.
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41 This was a tactic Powell frequently used to bottle up legislation. Powell had a notoriously high rate of absenteeism throughout his career; see “Mary McGrory, “Powell on the House Floor: It's a Sometime Thing,” Washington Star (Washington, DC), Sept. 30, 1966, box 358Google ScholarPubMed, Edith Green Archives.
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44 Powell, Adam by Adam, 74.
45 Hamilton, Adam Clayton Powell, 380–85. For more on Powell's civil rights activities, see Hickey, Neil and Edwin, Ed, Adam Clayton Powell and the Politics of Race (New York: Fleet Publishing, 1965)Google Scholar.
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47 Ibid.
48 Ibid.
49 Ibid.
50 In hindsight, it is doubtful that Powell would have ever taken his actions far enough to defeat the bill. According to his biographers and those who knew him, Powell was acutely aware that his reputation as a progressive reformer would inevitably be based on the prolificacy of his committee, and his HEL legislative record was a huge part of his identity.
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55 Norman Miller, “Rep. Edith Green, A Bareknuckle Fighter,” Wall Street Journal, Dec. 3, 1969, 18.
56 Tunnell, “Edith Green.”
57 LBJ: Conversation WH7007–6503.01.
58 Miller, “Rep. Edith Green.”
59 Bill Moyers to Larry O'Brien, memo, Jan. 13, 1965, Aides, Moyers subject file, box 1, LBJL.
60 Ibid. Moyers was skeptical of Green's sincerity, adding in his memo a parenthetical “(whatever that means)” after the word “support.”
61 Executive Session Minutes, Feb. 25, 1965 to March 2, 1965; “Testimony of the Honorable Edith Green before the House Rules Committee,” March 22, 1965, Edith Green Papers, Series B: Committee and Subcommittee Files, 1955–1974, box 283, Education and Labor Committee, Special Subcommittee on Education, Mss 1424, Oregon Historical Society Research Library (hereafter Edith Green Papers). Green also testified before the House Rules Committee and requested that it intervene to retard the bill or find some way to amend it.
62 Edith Green to Raymond Larsen, March 9, 1965, box 238, Edith Green Papers.
63 Edith Green to colleague, March 25, 1965, box 371, Edith Green Papers.
64 89th Cong., 1st Sess., Cong. Rec. 111 (March 25, 1965) (Rep. O'Hara speaking on H.R. 2362).
65 LBJ: Conversation WH7024–6503.02, March 6, 1965, Presidential Recordings, LBJL; and LBJ: Conversation WH7174–6503.14, March 27, 1965, Presidential Recordings, LBJL.
66 Yvonne Franklin, “NW Catholics Object to School Aid bill,” Oregonian, March 14, 1965, 16. While it is not possible to know exactly how many letters Green was actually receiving, it does appear that she was receiving more letters than her office could handle, as there was a noticeable lag in responding to her constituents during this period, with Green beginning many of her letters with an apology for the delay. Several hundred of these letters still remain.
67 Ibid.
68 House leadership, fearing defections from Jewish representatives, had approached Celler days earlier and asked if he would be willing to respond to any potential judicial review amendment. Eidenberg and Morey, An Act of Congress, 124–5.
69 89th Cong., 1st Sess., Cong. Rec. 111 (March 26, 1965) (Rep. Celler speaking on H.R. 2362).
70 Samuel Halperin to Douglass Cater, memo, March 22, 1965, WHCF, Legislation subject file (LE), box 38, LBJL.
71 Douglass Cater to Lyndon Johnson, memo, March 30, 1965, WHCF, Legislation subject file (LE), box 38, LBJL. This appears to have been an empty threat, as Green reported that she had never been aware of these threats.
72 Yvonne Franklin, “Gentle Lady from Oregon Loses School Aid Bill Fight,” Oregonian, March 19, 1965, 29.
73 For a clear statement of these principles, see Edith Green and Walter Reuther, “Education and the Public Good: The Federal Role in Education” (Cambridge, MA: Distributed for the Graduate School of Education of Harvard University by Harvard University Press, 1964).
74 Edith Green to Edward Soucek, April 19, 1965, box 283, Edith Green Papers.
75 “House Republicans Offer a Tax-Credit School bill,” New York Times, March 9, 1965, 15.
76 Statement of House Democrats on the Republican Bill, press release, March 8, 1965, Aides, Cater subject file, box 22, LBJL.
77 “Staff Analysis: Education Incentive Act,” box 309, Edith Green Papers.
78 Marjorie Hunter, “House Approves School-Aid Bill; G.O.P. Is Rebuffed,” New York Times, March 27, 1965, 1.
79 Drukman, Mason, Wayne Morse: A Political Biography (Portland: Oregon Historical Society Press, 1997), 54 Google Scholar.
80 Ibid., 371.
81 Ibid., 388.
82 Jeffrey, Education for Children, 69. See also Francis Keppel, Oral History, April 21, 1969, Interview I, LBJL, 8.
83 Wayne Morse to Jennings Randolph Jan. 6, 1965, Wayne L. Morse Papers, 1919–1969, General Education, 1961–1965, General Education, 1961–1965, box B25 General Ed, University of Oregon Libraries, Special Collections and University Archives (hereafter Morse Papers).
84 LBJ: Conversation WH7304–6504.01, 1 April 1965, Presidential Recordings, LBJL.
85 Keppel, Oral History, LBJL.
86 Marjorie Hunter, “President Scored on School Aid Bill,” New York Times, April 8, 1965, 14.
87 Marjorie Hunter, “Debate on School Aid: Democrats Concede Bill's Imperfections, but Hope to Improve on it Next Year,” New York Times, April 2, 1965, 22.
88 Wayne Morse to William Proxmire, March 8, 1965, box H55, S288, Provide for education of children of needy families, Morse Papers. Morse took his duties as floor manager seriously, telling one constituent that in that position he felt “an ethical obligation to try to handle the bill in such manner as to assure its passage.” See Wayne Morse to Leo Smith, March 27, 1965, box B31, Schools, 1961–1968, Morse Papers.
89 Hubert Humphrey to Wayne Morse, April 19, 1965, box H55, S288, Provide for education of children of needy families, Morse Papers.
90 For an example of this argument, see Guthrie, “A Political Case History.”
91 Davies, “Education Policy from the New Deal.”
92 House Report on the Elementary and Secondary Education Act of 1965: Minority Views (Washington, DC: Government Printing Office, 1965)Google Scholar.
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94 Johnson, “Special Message to Congress.”
95 Hearings Before the General Subcomm. on Education, Jan. 22, 1965 (statement of Francis Keppel), 143.
96 Address to the Junior Chamber of Commerce in Dayton, Ohio, Feb. 4, 1965, Speech File, box O17, Nov. 22, 1964-June 25, 1965, Morse Papers.
97 The figures 14.6 percent and 6.8 million are derived from the U.S. Census Bureau Current Population Reports, the Official Catholic Directory, and the National Center for Education Statistics. Contact the author for more details about these calculations.
98 McAndrews and Scott, “Full Circle,” 57.
99 Fred Fishman, letter to the editor, New York Times, March 29, 1965, 32.
100 Jewish interests regularly wrote to Green and Morse in this period urging defeat of the legislation, and the American Jewish Congress filed a judicial challenge the day after the ESEA was signed.
101 Carl Degler, “Aid for Parochial Schools—A Question of Education, Not Religion,” New York Times, Jan. 31, 1965, SM11.
102 Chicago Study on Catholic Education, report from Carnegie Corporation Quarterly, April 1965, WHCF, ED subject file, box 1, LBJL.
103 Degler, “Aid for Parochial Schools.”
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105 Hunter, “Debate on School Aid.”
106 “The Head of the Class” Time 86, no. 16 (1965), 70–79 Google ScholarPubMed. For more on Keppel's role in education policy formulation, see Christine Dietrich, “Francis Keppel and Lyndon Johnson, Unique Collaborators in the Struggle for Federal Aid” (PhD diss., Lehigh University, 1994); and Bailey, Stephen and Mosher, Edith, ESEA: The Office of Education Administers a Law (Syracuse, NY: Syracuse University Press, 1968)Google Scholar.
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108 Ibid.
109 Larry O'Brien, Oral History, July 24, 1986, 47, LBJL.
110 Cater to Johnson, memo, Dec. 19, 1965.
111 For more about these legislative failures, see Eidenberg and Morey, An Act of Congress, 18–22.
112 Robert Hunter to Douglass Cater, memo, Dec. 24, 1964, WHCF, Subject File Federal Aid (FA 2), box 7, LBJL.
113 For examples of this argument, see Guthrie, “A Political Case History,” 302; Ravitch, The Troubled Crusade, 148; McGuinn, No Child Left Behind, 29; and Rhodes, An Education in Politics, 31.
114 Edith Green to Martin Thielen, April 2, 1965, box 283, Edith Green Papers.
115 Clarence Mitchell to Wayne Morse, Jan. 27, 1965, box H55, S288, Provide for education of children of needy families, Morse Papers.
116 Marta Tienda, “Public Education and the Social Contract” (presentation, Thirteen Annual AERA Brown Lecture in Education Research, Washington, DC, Oct. 20, 2016), http://www.windrosemedia.com/windstream/aerabrown/index.php.
117 Lyndon Johnson, “Remarks in Johnson City, Tex., Upon Signing the Elementary and Secondary Education Bill,” April 11, 1965, http://www.presidency.ucsb.edu/ws/index.php?pid=26887&st=&st1=.
118 Marjorie Hunter, “Senate Passes School Aid Bill with No Change,” New York Times, April 10, 1965, 1.
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