A Whackadoodle Memo that According to my Student, "Brought About the Effects We’re Living Through Now."
A Whackadoodle discussion in which my student wants to post a memo without being able to explain its context, along with a wonderful Muppet song to fill your heart.
“Okay,” I warned her. “If you want to post the Powell Memo, you’re going to have to put it into context.”
“Easy,” she replied. “All I have to do is post the opening lines and the context will be clear.”
CONFIDENTIAL MEMORANDUM
ATTACK ON AMERICAN FREE ENTERPRISE SYSTEM
To: Hr. Eugene B. Sydnor, Jr.
Chairman
Education Committee
U.S. Chamber of Commerce
From: Lewis F. Powell, Jr.
DATE: August 23, 1971
This memorandum is submitted at your request as a
basis for the discussion on August 24 with Mr. Booth and others
at the U.S. Camber of Commerce. The purpose is to identify the
problem, and suggest possible avenues of action for further
consideration.“Tada,” she said proudly. “Context.”
I closed my eyes, so she wouldn’t see them rolling. “Why do you want to post this memo anyway?” I asked under my breath.
“Because it explains so much about America today. It’s like the memo is one of the causes that has brought about the effects we’re living through now.”
“Good reason,” I had to admit. “But your context sucks.”
“What do you mean?”
“Well, take for example this Lewis F. Powell, Jr.,” I pointed to the memo on the screen. “Who was he and why was he writing this memo?”
“Wasn’t he a Supreme Court Justice?”
“I believe he was eventually,” I acknowledged. “But was he a Supreme Court Justice on August 23, 1971, when he wrote the memo?”
“I don’t really know,” she admitted.
“Maybe you should find out, so you can add it to your context.”
After a half hour of internet search, she’d completed the following paragraph:
Lewis F. Powell, Jr. graduated from Harvard Law School in 1932. During WWII, he served as an intelligence officer in the United States army. After the war, he went on to hold several prestigious positions, including Chairman of the Virginia State Board of Education and President of American Bar Association. As a lawyer, he specialized in corporate law, representing clients such as the Tobacco Institute. In 1972, President Nixon nominated Powell to become a member of the United States Supreme Court. He was confirmed by the Senate with only one no vote, and served as an Associate Justice on the U.S. Supreme court until 1987.
She looked up expectantly and added. “So when he wrote the memo, he was still just a regular lawyer.”
“I suppose that will do,” I sighed. “Now, what do you know about the group this Confidential Memo was meant for?”
“It was submitted for discussion at the U.S. Chamber of Commerce on August 24, 1971,” she answered, pointing to the memo.
“Ooh, the U. S. Chamber of Commerce. Sounds important. Is that a government agency? I mean, it starts with the words United States.”
Her face crumpled up, as groaning, she went back online to do some more research. It didn’t take as long this time:
The United States Chamber of Commerce (USCC) is a business association advocacy organization. It is the largest lobbying group in the United States. The group was founded in April 1912 at the urging of President William Howard Taft to be a counterbalance to the labor movement of the time.
“Could you put that in your own words?” I asked from over her shoulder.
“I think it means that they are not a function of the United States Government despite the U.S. in their name. They are simply an organization who lobbies congress to make sure it passes laws that are good for their members.”
“And who are their members?”
“Businesses?”
“Good enough,” I shrugged. “But you still haven’t put the year into context. What was going on in 1971 that might add some relevance to the memo’s creation?”
“Well, the Vietnam War was raging and lots of people were protesting. Nixon was still President and Watergate hadn’t happened yet, right?” I nodded, so she continued. “Plus, I remember something I just read about the American Consumer Movement. They were fighting for consumer protections and consumer rights. They wanted laws about unfair business practices, fraud, misrepresentation, and a bunch of other stuff.”
“And what was happening in the Tobacco Industry?”
After a few more searches, she had found the answer. “Just two years before Powell wrote the memo, the Federal Trade Commission was recommending a ban on Cigarette Advertising and placing a health warning on cigarette's packaging.”
THE BAN ON ADVERTISING
Both the U.S. Public Health Service and Federal Trade Commission have annually reported findings to Congress since passage of the cigarette labeling law. The FTC recommended that the Act should be amended to: "Warning: Cigarette Smoking Is Dangerous to Health and May Cause Death From Cancer and Other Diseases."Additionally, the FTC recommended legislation to require the same warning to appear in all cigarette advertisements and to require statements of tar and nicotine content on all cigarette packages and in all advertising.
Legislation to accomplish these objectives as well as the following were recommended by the FTC:
Cigarette advertising on television and radio should be barred entirely. Alternately, cigarette advertising on television and radio should be limited as to hours in which it may appear; the extent to which it may appear; and the types of programs on which it may appear;
Increased appropriations, should be made to the Department of Health, Education, and Welfare for education of the public (especially young people) as to the health hazards of smoking;
Appropriations should be made for research under the direction of the National Institutes of Health on the development of less hazardous cigarettes.
"By 1969, the stage had been set for a showdown over cigarette advertising and promotion" (Wagner, 1971: 190). The U.S. Government was increasing its efforts to discourage the sale of cigarettes. Post office trucks carried posters: "100,000 Doctors Have Quit Smoking."
Source: History of Tobacco Regulation* (druglibrary.org)
She whistled, “And Powell was a pro-tobacco corporate lawyer.”
“He was a also board member of Philip Morris from 1964 until his court appointment in 1972,” I added. “You can see why his memo might have been influenced by his job assignment?”
“Yeah,” she nodded.
“And what happened on Friday, August 13, 1971?” I had to ask.
A few more searches yielded the answer, “President Nixon used executive order 11615 to freeze wages and prices hoping to control inflation.”
“Can you see why some business executives might resent a government that can give such an order?”
She took a moment to answer, “Yes.”
“Okay,” I said at last. “I think you might have just enough context to introduce your memo. Let’s begin with the fact that is was titled Confidential Memorandum. If it was so confidential, why do we have it?”
“Well, Wikipedia says:
Although written confidentially for Sydnor at the Chamber of Commerce, it was discovered by Washington Post columnist Jack Anderson, who reported on its content a year later (after Powell had joined the Supreme Court).
Source: Lewis F. Powell Jr. - Wikipedia
“I might change the word ‘discovered’ to ‘leaked to him’, but whatever,” I laughed. “So now, what was Powell’s argument?”
“He starts by writing, ‘No thoughtful person can question that the American economic system is under broad attack*.”
“Strong statement, and how does he define the American economic system?”
“Well, in his footnote he adds, ‘*Variously called: the "free enterprise system", "capitalism", and the "profit system". The American political system of democracy under the rule of law is also under attack, often by the same individuals and organizations who seek to undermine the enterprise system.’ I suppose he is saying that the whole American system is under attack.”
“And who does he say is attacking it?”
She went back to her notes, and quoted from Powell’s memo:
The sources (of the attack) are varied and diffused. They include, not unexpectedly, the Communists, New Leftists and other revolutionaries who would destroy the entire system, both political and economic. These extremists of the left are far more numerous, better financed, and increasingly are more welcomed and encouraged by other elements of society, than ever before in our history.
“And who are the ‘other elements of society’ that Powell says are encouraging this attack?”
She went back to the memo, and found this:
The most disquieting voices joining the chorus of criticism, come from perfectly respectable elements of society: from the college campus, the pulpit, the media, the intellectual and literary journals, the arts and sciences, and from politicians. In most of these groups the movement against the system is participated in only by minorities. Yet, these often are the most articulate, the most vocal, the most prolific in their writing and speaking.
“And what does Powell’s memo suggest the Chamber of Congress do about this attack?” I asked.
She stopped looking at her notes and spoke from her heart. “He suggests that although the Chamber of Congress can’t influence things directly at Universities, they can staff the scholars, staff the speakers and the speaker’s bureau, evaluate text books, demand equal time, require a balance in the faculty, and fund the many Graduate Schools of Business.’ Then he goes on with what the Chamber should do to influence the public, television, scholarly journals, books, paperbacks, pamphlets and paid advertisements. And that is not even the worst,” she took a deep breath. “He has whole sections about the ‘neglected political arena,’ the ‘neglected stock holder power,’ and the ‘neglected opportunity in the courts.’ He suggests that the Chamber take a more aggressive stance on each of these issues, and that is exactly what they did. His memo is one of the reasons that we live with the laws we have today.”
“I notice that you decided to bold and italicize ‘neglected opportunity in the courts.’” I commented.
“Of course,” she threw up her hands. “He became a Supreme Court Justice. In his memo, he wrote, ‘(The courts) are a vast area of opportunity for the Chamber, if it is willing to undertake the role of spokesman for American business and if, in turn, business is willing to provide the funds.’ He wanted the Chamber to get good lawyers because ‘the judiciary may be the most important instrument for social economic and political change.’”
“Ain’t that the truth,” I couldn’t help but add. I looked at her for a while. She looked back at me.
“Is it okay if I post my opinion now?” she asked suddenly.
“I think you just need to add a link to the actual memo, so people can read it for themselves. Hopefully, you’ve got them intrigued enough to want to learn more.”
“You always do love a primary source,” she commented after posting the links.
“I can only hope that you’ve learned to love them as well.”
“Can we add something fun before posting?” she added just before hitting continue.
“Depends on what you want to add.”
“I want to post a Muppet Song.”
“Weren’t the Muppets over before you were born?” I asked startled.
“The internet makes all things new again,” she replied merrily, “Besides the Muppets were popular in the nineteen-seventies. I think it’s appropriate for this post because it’s a perfect example of how ‘media, artists and educators’ were influencing American kids when Powell wrote his memo.”
I had no argument against a cool Muppet video from my childhood.