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From the author of: The Survival Guide For The One Percent

President Richard Nixon did it to us again, by nominated this creep "corporate lawyer" for Phillip Morris, for Supreme Court Justice. Just prior to becoming a Supreme Court Justice, he started a sea change in corporate citizenship, with a confidential memorandum to the United States Chamber of Commerce.

The confidential memorandum was entitled "Attack on the American Free Enterprise System". It was a classic for the time, since it was an anti-Communist, anti-New Deal blueprint for conservative business interests to retake America, from special interest groups. Ralph Nader had become a particular nemesis for Powell, as had ANY environmental advocacy group.

On August 23, 1971, Justice Lewis F. Powell, Jr., only four months prior to becoming a Supreme Court Justice, delivered a confidential memorandum to, and for the U.S. Chamber of Commerce that described his strategy for the corporate takeover of public advocacy groups, within the United States.

It was a hit among corporate America, and a hit list on public advocacy groups.

Supreme Court Justice Lewis F. Powell, Jr.

I have a definition of stupidity. This paragraph will provide the definition, and the next will show you why this man qualifies. I define stupidity as one that is deliberately ignorant, meaning he refuses to review information that might enlighten him. This must be combined with what this man has in abundance: Arrogance. He refuses to accept any information that might enlighten him, and he professes an intellect that renders him elevated above all others, and not in need of further enlightenment.      That is "stupidity".

He had also attempted to demand, through aggressive lobbying, that the tobacco companies were having their "free speech" infringed, when the news media reported claims of links between smoking, and cancer. Notice he suggested that the tobacco companies had a right to free speech, and the news media challenged their free speech, when they provided opinions of new evidence of links, which contradicted their assertions.

He appeared to demand the tobacco companies' opinions should be considered as finite, and the validity of their conclusions were protected by free speech. Challenges to their conclusions, he demanded of lawmakers, were not legal, and if the power of law had no yet protected that interpretation of free speech, then lawmakers needed to amend laws to include it.

Just a quick note about the tobacco company's assertion about smoking, and cancer:

If you were not aware, ALL medical journals require what is known as a "Peer Review" of all submissions of medical research papers. If a panel of their peers could not reproduce the same evidence to support the conclusions of "anyone" claiming something to be true, the paper, and its conclusions never saw the light of day. There would be no way the tobacco companies could produce a successfully "peer reviewed" medical paper. It is also true that the medical, and pharmaceutical companies could purchase the loyalty of a proposed peer.

In reality, Powell's antagonism towards societal's new ills was his hatred of free speech. In addition to the "Beatles Impact", Powell has witnessed The Free Speech Movement. The FSM was a student protest which took place during the 1964–65 academic year on the campus of the University of California, Berkeley. If you're unfamiliar with this conservative uniting event, please click on: The Free Speech Movement.

It was an amazing time. I lived about 15 miles east of the Berkeley campus, and knew some of the police that responded to calls for assistance, from the Berkeley Police. I am not paraphrasing, when I repeat what these police said, as four to five at a time would climb into a police car, and head towards Berkeley. "We're on our way to go thump some Hippie's heads."

Powell comes from this era and was an outraged conservative, and supportive of the theory that the police had the right to injure, and imprison the protestors. He also comes from the era when a saying towards children still existed. If you're old enough, you will recall hearing the chastising phrase: "Children should be seen, and not heard." At what point would a man with such a view about his own children force the inevitable challenge to his views, and authority, by his own kids. In this man, I suspect he would expect it to be never. Evidence indicates challenges to his perspectives infuriated him.

His memo, not surprisingly, was later utilized as the corner stone, and legal frame work for the writing of "Citizens United". If this corporate lawyer thought corporations were protected by the First Amendment, no one should be surprised that he would fight for corporations to be treated with the same rights as people. What an amazing asshole, but far from unique.

When he began his work, the majority of money, and assets were distributed predominately within the middle class. Today... Well you know about how assets are distributed, within, and among those previously know as the middle class. They now have less than twenty percent of the total.

He gave lobbyists the legal framework to establish their unique powers of today. Since he is already dead, I guess I can't get into too much trouble by suggesting that he should have received a very public "political execution". Yes, I know. It is potentially a lot of trouble to leave out the word "political". I wonder if his kids are totally screwed up psychologically. Imagine the glares from this guy, when the Beatles were playing The Ed Sullivan Show. We'll hope they escaped his clutches. Click here for more on how I define the: "Beatles Impact"

The image on the right is too flattering to the man.

Click here to see his official photograph taken when he became a Supreme Court Justice.

All that is left of this man is his grave, and head stone. He legacy is an increasing awareness, by the American people that he swore to serve, that he was, after all, only a remarkable fool, and traitor to the constitution.

Supreme Court Justice Lewis F. Powell, Jr.

You will understand what I meant by the "Beatles Impact" upon this guy. I describe more on that below.

In his memo, he detailed a series of possible “avenues of action” that the Chamber, and the broader business community should take in response to fierce criticism in the media, campus-based protests, and new consumer and environmental laws.

What motivated Powell to construct, and then send a memorandum to the United States Chamber of Commerce, regarding a strategy for U.S. Corporations to take control over antagonistic institutions ? More information from Wikipedia.

I refer to it as the "Beatles Impact". Elitists of the 1960's were outraged by the new rebellion brought on within America's youth, by the Beatles, rock music, long hair, and the worst were tree huggers (although they had not yet been given that label.) He was an elitist old man, even before he became a Supreme Court Justice.

New consumer, and environmental laws were especially distressing to him. He understood the difference between a rock music rebellion, but new consumer, and environmental laws were capable of utilizing the force of law. They had teeth, not just the shrill of a teenage girl at a 1964 Beatles concert.

Powell considered himself to be an astute observer of the business community, and of the new social trends of the early 1960's. As a former President of the American Bar Association from 1964–1965 (when the Beatles played Ed Sullivan), and a board member of tobacco giant Philip Morris, as well as other companies, he placed himself within the societal elite. He was also very proud of the following:

  • Member of the Phi Kappa Sigma fraternity. Its members are known as Phi Kaps, Skulls, and sometimes Skullhouse, the latter two because of the skull and crossbones on the fraternity's badge and coat of arms.

  • Member of the Sigma Society. The Sigma Society is a secret society at Washington and Lee University in Lexington, Virginia.

  • Earned a master's degree from Harvard Law School. (Really not that much of a big deal.)

As is so often the case with individuals who seek membership in elite organizations, he considered himself privileged, genetically predispositioned, and a worthy architect of societal structure. If you want to know more about those that consider themselves genetically predispositioned, click here. I wrote some history of the One Percent's development in Europe, and especially after WWII, with the preservation of the Swiss banking empire.

He had made several publicly visible grandstanding attempts to support legal aid to the poor, but none appear to exceed the pre-existing constitutional rights guaranteed by the Fifth Amendment's right against compelled self-incrimination, and the Sixth Amendment's right to counsel.

What lead Powell to perceive his vision of societal justice was at risk? First, it was his feeling of rank, and stature, and genetic predisposition, so common to those wanting to maintain a class structure.

As I list below, his antagonisms began in the early 1960's, and they increased, as they did among so many conservative men, during the presidency of John F. Kennedy. President Johnson's Great Society was antagonistic to his professed small government conservative principals. They are what I refer to as "Quick, and Dirty". I will be coming back to polish these up.

I have used the text image below to describe what I consider the One Percent of today, but Powell considers the same phrase to be accurate to describe the new youth rebellion, and middle class' excessive wealth, during the 1960's.

I list below, some of how Powell's antagonisms began in the early 1960's, and how they increased. These same antagonisms were common among so many conservative men, during the presidency of John F. Kennedy. President Johnson's Great Society was antagonistic to the small government conservative principals.

A new society demanding greater free speech, new fancy possessions, women's rights, and less unemployment were professed to be inconceivable dreams by the elitists, within a group of conservative idealists. The elitists suggested they were accustomed to the Depression Era suffering. Implementing a period of suffering for the middle class might be a reasonable punishment for their excessive expectations.

What was more accurate is that very few had suffered through the Depression. They were those who walked through the Depression as observers of the suffering.

  • Conservatives were in head long retreat from what was called the "Me, too politics of the recent election cycles." Republicans had not been creating an image of their party distinctly different from the Democrats.

  • Keep in mind that Nixon had begun to support environmental regulations, and the Conservatives hated it.

  • Kennedy assassination began a process leading to mistrust of the U.S. government.

  • The new Free Speech Movement occurring throughout college campuses suggested to him the new generation was filled with spoiled, and ungrateful kids.

  • Johnson's Great Society concept, and the new civil rights bill had thrown a societal structure of the entire southern states into a muddy river.

  • Goldwater's small government, states rights, and an intolerance for student defiance had been defeated, by Johnson's Great Society.

  • Most conservatives were Great Depression era parents, with sacrifice becoming a way of life, and pleasure in what exists was a discipline.

  • A new middle class had begun to expect Johnson's Great Society concept to be pursued, and implemented was considered a pipe dream. He felt the new generation were ungrateful, and undeserving. My father had this type of hatred of having less in his youth, but professed a pride of it.

  • The advent of The Beatles, The Rolling Stones, and an entirely new era that irritated the classic 1960's conservatives. I remember it very well. They were all such prima donnas.

    This was the beginning, and earliest stages of a youth culture demanding that the established, and entrenched societal structure be dismantled, and superseded.

  • The Women's Movement

    The book "The 100 best nonfiction books: The Feminine Mystique by Betty Friedan (1963)" These guys hated this aspect deeper than most.

  • The list is simply too long, and too redundant.

Credit for Image of Lewis F. Powell Jr. Donkeyhotey Utilized under Creative Commons Attribution 4.0 International License

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