News from Post-Constitutional America

PROGRESSIVE REVIEW, 1996 - The issue arose again during the Iran-Contra affair, but even in the wake of all the copy on that scandal, the public got little sense of how far some America's soldiers of fortune were willing to go to achieve their ends. When the Iran-Contra hearings came close to the matter, chair Senator Inouye backed swiftly away. Here is an excerpt from those hearings. Oliver North is at the witness table:

REP BROOKS: Colonel North, in your work at the NSC, were you not assigned, at one time, to work on plans for the continuity of government in the event of a major disaster?

BRENDAN SULLIVAN: Mr. Chairman?

SEN INOUYE: I believe that question touches upon a highly sensitive and classified area so may I request that you not touch on that.

REP BROOKS: I was particularly concerned, Mr. Chairman, because I read in Miami papers, and several others, that there had been a plan developed by that same agency, a contingency plan in the event of emergency, that would suspend the American constitution. And I was deeply concerned about it and wondered if that was the area in which he had worked. I believe that it was and I wanted to get his confirmation.

SEN INOUYE; May I most respectfully request that that matter not be touched upon at this stage. If we wish to get into this, I'm certain arrangements can be made for an executive session

With few exceptions, the media ignored what well could be the most startling revelation to have come out of the Iran/Contra affair, namely that high officials of the US government were planning a possible military/civilian coup. First among the exceptions was the Miami Herald, which on July 5, 1987, ran the story to which Jack Brooks referred. The article, by Alfonzo Chardy, revealed Oliver North's involvement in plans for the Federal Emergency Management Agency to take over federal, state and local functions during an ill-defined national emergency.

According to Chardy, the plan called for 'suspension of the Constitution, turning control of the government over to the Federal Management Agency, emergency appointment of military commanders to run state and local governments and declaration of martial law.' The proposal appears to have forgotten that Congress, legislatures and the judiciary even existed.

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http://prorev.com/coup.htm

The Powell Memo (also known as the Powell Manifesto)

The Powell Memo was first published August 23, 1971

Introduction

In 1971, Lewis Powell, then a corporate lawyer and member of the boards of 11 corporations, wrote a memo to his friend Eugene Sydnor, Jr., the Director of the U.S. Chamber of Commerce. The memorandum was dated August 23, 1971, two months prior to Powell’s nomination by President Nixon to the U.S. Supreme Court.

The Powell Memo did not become available to the public until long after his confirmation to the Court. It was leaked to Jack Anderson, a liberal syndicated columnist, who stirred interest in the document when he cited it as reason to doubt Powell’s legal objectivity. [font color="red"]Anderson cautioned that Powell “might use his position on the Supreme Court to put his ideas into practice…in behalf of business interests.”[/font color]

Though Powell’s memo was not the sole influence, the Chamber and corporate activists took his advice to heart and began building a powerful array of institutions designed to shift public attitudes and beliefs over the course of years and decades. The memo influenced or inspired the creation of the Heritage Foundation, the Manhattan Institute, the Cato Institute, Citizens for a Sound Economy, Accuracy in Academe, and other powerful organizations. Their long-term focus began paying off handsomely in the 1980s, in coordination with the Reagan Administration’s “hands-off business” philosophy.

Most notable about these institutions was their focus on education, shifting values, and movement-building — a focus we share, though often with sharply contrasting goals.* (See our endnote for more on this.)

So did Powell’s political views influence his judicial decisions? The evidence is mixed. [font color="red"]Powell did embrace expansion of corporate privilege and wrote the majority opinion in First National Bank of Boston v. Bellotti, a 1978 decision that effectively invented a First Amendment “right” for corporations to influence ballot questions.[/font color] On social issues, he was a moderate, whose votes often surprised his backers.

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http://reclaimdemocracy.org/powell_memo_lewis/