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powell memo
Trump Win Fulfills Oligarchy's 50-Year Plan for Right-Wing Takeover
The billionaires have won. They have successfully killed the American Dream. And now we have to fight back.
Nov 06, 2024
When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it.” — Frédéric Bastiat, Economic sophisms, 2nd series (1848)
We just watched the final fulfillment of a 50 year plan. Louis Powell laid it out in 1971, and every step along the way Republicans have follow it.
It was a plan to turn America over to the richest men and the largest corporations. It was a plan to replace democracy with oligarchy. A large handful of America’s richest people invested billions in this plan, and its tax breaks and fossil fuel subsidies have made them trillions. More will soon come to them.
As any advertising executive can tell you, with enough money and enough advertising — particularly if you are willing to lie — you can sell anybody pretty much anything.
This is not the end... hitting bottom often begins the process of renewal.
Even a convicted felon, rapist, and friend and agent of America’s enemies.
America was overwhelmed this fall by billions of dollars in often dishonest advertising, made possible by five corrupt Republicans on the Supreme Court, and it worked. Democrats were massively outspent, not to mention the power of the billionaire Murdoch family’s Fox “News” and 1500 hate talk radio stations.
Open the lens a bit larger, and we find that it goes way beyond just this election; virtually every crisis America is facing right now is either caused or exacerbated by the corruption of big money authorized by five corrupt Republicans on our Supreme Court.
They are responsible for our crises of gun violence, the drug epidemic, homelessness, political gridlock, our slow response to the climate emergency, a looming crisis for Social Security and Medicare, the situation on our southern border, even the lack of affordable drugs, insurance, and healthcare.
All track back to a handful of Supreme Court justices who’ve sold their votes to billionaires in exchange for extravagant vacations, luxury yachts and motorhomes, private jet travel, speaking fees, homes, tuition, and participation in exclusive clubs and billionaire networks that bar the rest of us from entry.
For over two decades, Clarence Thomas and his wife have been accepting millions in free luxury vacations, tuition for their adopted son, a home for his mother, private jet and megayacht travel, and entrance to rarified clubs.
Sam Alito is also on the gravy train, and there are questions about how Brett Kavanaugh managed to pay off his credit cards and gambling debts. John Roberts’ wife has made over $10 million from law firms with business before the court; Neil Gorsuch got a sweetheart real estate deal; Amy Coney Barrett refuses to recuse herself from cases involving her father’s oil company.
None of this is illegal because when five corrupt Republicans on the Court legalized members of Congress taking bribes they legalized that same behavior for themselves.
As a result, we have oligarchs running our media, social media, and buying our elections, while the Supreme Court, with Citizens United, even legalized foreign interference in our political process.
Our modern era of big money controlling government began in the decade after Richard Nixon put Lewis Powell — the tobacco lawyer who wrote the infamous 1971 “Powell Memo” outlining how billionaires and corporations could take over America — on the Supreme Court in 1972.
In the 1976 Buckley v. Valeo decision, the Court ruled that money used to buy elections wasn’t just cash: they claimed it’s also “free speech” protected by the First Amendment that guarantees your right to speak out on political issues.
In the 200 preceding years — all the way back to the American Revolution of 1776 — no politician or credible political scientist had ever proposed that spending billions to buy votes with dishonest advertising was anything other than simple corruption.
The “originalists” on the Supreme Court, however, claimed to be channeling the Founders of this nation, particularly those who wrote the Declaration of Independence and the Constitution, when they said that “money is the same thing as free speech.” In that claim, Republicans on the Court were lying through their teeth.
In a letter to Samuel Kercheval in 1816, President and author of the Declaration of Independence Thomas Jefferson explicitly laid it out:
“Those seeking profits, were they given total freedom, would not be the ones to trust to keep government pure and our rights secure. Indeed, it has always been those seeking wealth who were the source of corruption in government.”
But Republicans on the Supreme Court weren’t reading the Founders. They were instead listening to the billionaires who helped get them on the Court in the first place. Who had bribed them with position and power and then kept them in their thrall with luxury vacations, “friendship,” and gifts.
Two years after the 1976 Buckley decision, the Republicans on the Supreme Court struck again, this time adding that the “money is speech and can be used to buy votes and politicians” argument applied to corporate “persons” as well as to billionaires. Lewis Powell himself wrote the majority opinion in the 1978 Boston v Bellotti decision.
Justices White, Brennan, and Marshall dissented:
“The special status of corporations has placed them in a position to control vast amounts of economic power which may, if not regulated, dominate not only our economy but the very heart of our democracy, the electoral process.”
But the dissenters lost the vote, and political corruption of everything from local elections to the Supreme Court itself was now virtually assured.
Notice that ruling came down just two years before the Reagan Revolution, when almost all forward progress in America came to a screeching halt.
It’s no coincidence.
And it’s gotten worse since then, with the Court doubling down in 2010 with Citizens United, overturning hundreds of state and federal “good government” laws dating all the way back to the late 1800s.
Thus, today America has a severe problem of big money controlling our political system. And last night it hit its peak, putting an open fascist in charge of our government.
No other developed country in the world has this problem, which is why every other developed country has a national healthcare system, free or near-free college, and strong unions that maintain a healthy middle class. It’s why they can afford pharmaceuticals, are taking active steps to stop climate change, and don’t fear being shot when they go to school, the theater, or shopping.
It’s why they are still functioning democracies.
The ability of America to move forward on any of these issues is, for now, paralyzed with the election of Trump and the GOP taking over the Senate.
This is not the end, though; hitting bottom often begins the process of renewal.
Many Americans will continue to speak out and fight for a democracy uncorrupted by the morbidly rich.
And so will I.
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Dear Republican Friends: The Democratic Party Is Not Your Enemy
Sep 16, 2024
"I beseech you in the bowels of Christ, think it possible you may be mistaken." —Oliver Cromwell, 1650, imploring his executioners to reconsider
This is a missive directed to Republican voters, wherever it finds them. And here is the message: the Democratic Party is not your enemy.
No, your enemy is former U.S. President Donald Trump. He and the Republican Party care a great deal about your votes, but they don’t give a damn about you. They rely on your fierce loyalty to get elected and then betray you, serving instead the interests of great American corporations and a tiny stratum of immensely wealthy citizens. (The towering achievement of Trump’s presidency was a massive tax cut for precisely these clients.) The betrayal is not readily apparent, of course: It is disguised brilliantly and successfully with distortion, fabrication, and lies.
Donald Trump tells you the Democratic Party is a radical, far left, socialist enterprise and it must be defeated to protect the America we know and love. At his rallies you roar in approval, shouting USA! USA! USA!
Your patriotism is genuine and praiseworthy, but please heed Mr. Cromwell’s plea for open minds: Think it possible—just possible—you may be mistaken about the integrity of Mr. Trump, the Republican Party, and the messaging. Think it possible you are not being protected but victimized.
Let’s look at the evidence.
Mr. Trump is the spokesman and the Republican Party is the front group for corporate oligarchy, a tyrannical form of federal governance put in place decades ago, when corporate money overpowered American democracy. The well-being of the American people no longer takes priority in crafting public policy. Foremost now is the assurance of financial security for powerful corporations: creating new profit streams or enhancing and protecting those in place. This is what the Republican Party hides from view.
We must rid the corrupted Republican Party of its greedy corporate captors, and that means, first, Donald Trump and Republican Senators and Representatives must suffer a smashing defeat in November.
Corporate oligarchy is comprised of the corporations, yes, who contribute millions of dollars to political campaigns eliciting the candidates’ favor and spend billions more in lobbying for quid pro quos. But it also includes individual corporate owners and managers, and conservative billionaires with similar interests who pour personal funds into friendly campaigns. (Think about Elon Musk, say, offering Trump $45 million per month to win this campaign.)
The core ideology of corporate oligarchy is neoliberalism: “Free market capitalism” best provides for society’s needs, and “government regulation” only degrades the process. It is legitimized by conservative think tanks—notably the Heritage Foundation, the Cato Institute, and the American Enterprise Institute in Washington D.C.—and disseminated by sympathetic media—think the Fox News empire and conservative talk radio which blankets the nation with right-wing propaganda 24 hours a day, seven days a week.
The consequences of corporate oligarchy are not trivial.
American people are suffering today the largest increases in food prices in 50 years, while the corporations marketing food products are reaping unprecedented profits. In two years from 2020 to 2022 the Cargill corporation (grains and meat products) doubled its profits, from $3.3 billion to $6.7 billion. In just a single year, from 2021 to 2022, the profits of the Kraft-Heinz company (cheese products, condiments, frozen meals, snacks) rose 448%, from $225 million to $887 million; Cal-Maine Foods (the country’s largest egg producer) grew 718%, to $323 million.
Extortionate consumer prices are not the only outrage imposed by corporate oligarchy. The rampant social and economic injustices in our country today are not the consequences of a functioning democracy: They certainly do not reflect the wishes of the people. Unprecedented inequalities in wealth and income are producing a two-tiered society of opulence and hardship. Homeless colonies blossom coast to coast. A full 31.1 million Americans, almost 10% of our citizens, lack access to healthcare, suffering unnecessary illness and preventable death. A total of 13.5% of American households are “food insecure:” They don't have enough to eat. ChatGPT will tell you it costs up to $60,000 per year to live modestly in America; a minimum-wage worker earns $15,080. Do the math.
Fifty years ago America was flourishing. The middle class constituted almost two-thirds of the population, and it was thriving. A single income was sufficient to raise a family, buy a home, cover healthcare costs, send the kids to college, and retire in comfort. Today, with both parents working full time, this good life is out of reach.
The ravaging of the American people was driven by corporate oligarchy—nothing else, not “socialism,” not the Democratic Party.
Republican friends and neighbors, who is your enemy?
The Republican Party is, because it has been the driving force for the emergence of corporate oligarchy. The process began in 1971 with a lawyer who specialized in corporate mergers, who defended the tobacco industry in the smoking-and-cancer litigation, who advocated segregation in public schools, and who as a Supreme Court justice wrote the majority opinion that corporate political spending was an exercise in free speech.
His name was Lewis Powell, the progenitor of corporate oligarchy.
In 1971 the nation’s campuses were ablaze with protest, against the Vietnam War, against racism, against the savagery of capitalism. Ralph Nader was firing broadsides at American corporate corruption.
The United States Chamber of Commerce was alarmed. It commissioned Lewis Powell to propose a strategy for a corporate counterattack, and he did. On August 23, 1971 the Chamber published what came to be known as the “Powell Manifesto.” The Chamber carpet-bombed the business community with the Manifesto’s message: Corporate America needs to become politically active, quickly and massively. Especially vital was educating the American people about the virtue and vulnerability of “free market capitalism”: it can optimize society’s welfare only if it is uninhibited by “government regulation.” Neoliberalism had to become widely known and appreciated.
Corporate money rose quickly to the challenge, literally creating two of the most influential think-tanks in Washington today and funding a massive redevelopment of the third. The Adolph Coors Foundation and Koch Foundation provided the seed money that created the Heritage Foundation and the Cato Institute, respectively, in 1973 and 1977. The American Enterprise Institute, pre-dating the Manifesto, was greatly enriched by the subsequent flood of corporate money flowing through a dozen conservative philanthropies.
Today these three powerhouses are virtual subsidiaries of the Republican Party, writing policy agendas for Republican presidents (cf. the Heritage Foundation’s Project 2025 written for Donald Trump) and providing revolving-door services: their members move seamlessly into staff positions in Republican administration, and when the party is defeated they return to the think tanks.
The pattern was established early. Soon after Ronald Reagan’s election, the Heritage Foundation submitted to the new Administration a list of 2,000 specific policy proposals aimed, among other objectives, at “reducing the size of the federal government.” By the end of Reagan’s first year in office 60% of them were implemented or initiated. Ronald Reagan said in later years the Heritage Foundation was a “vital force” in the achievements of his presidency.
The most vital achievement was Reagan’s suspension of the long-standing anti-trust laws. A staunch neoliberal, he reduced government regulation to allow free market capitalism to work its wonders. In doing so Reagan exposed the absurd contradiction in the neoliberal creed.
“Free market capitalism” will optimize a country’s economy only if intense competition for customers is present among many, many sellers. That’s Econ 101. Good for society, yes, but bad for the sellers who, historically, connive and conspire to minimize that competition—in the Golden Age of the late 1800’s, say, by the formation of “combines” and “trusts.” The sellers consolidated, becoming fewer and fewer but with greater and greater power to raise prices and reduce wages.
The counteroffensive was political, in the passage of the Sherman and Clayton Anti-Trust Acts—government regulations—prohibiting “the restraint of trade.” Consolidation was made illegal, keeping free markets competitive for society’s benefit.
This we know: “free market capitalism” will benefit society only in the presence—not the absence—of “government regulation.” But neoliberalism gets it entirely backwards.
But Ronald Reagan bought in, virtually halting the enforcement of the anti-trust legislation, sparking a 50-year frenzy of mergers and acquisitions across the spectrum of the American economy.
Virtually every industry was consolidated into far fewer but immensely larger corporations. A quick ChatGPT query shows five grocery chains—Walmart, Kroger, Costco, Albertsons, and Ahold Delhaize—today control more than 60% of the market. (And Kroger and Albertson's are in the process of merging.)
The number of American corporations was cut in half concentrating American industries into literal oligopolies, with pricing power to match. Compared to European countries—where anti-trust laws remain in force—American families pay on average $5,000 more per year for living expenses.
Ronald Reagan’s neoliberalism did this. Republican friends your enemy is not the Democratic Party.
As the dwindling number of corporations expanded their economic clout they chafed at other government regulations—clean air and water, safe workplaces, fair labor practices—but had no means to do much about them. They lacked a corollary political clout.
Wittingly or otherwise the Republican Party provided this, too.
Since 1971, the U.S. Supreme Court has displayed without interruption a conservative majority—justices appointed by Republican presidents. And in that time the Court lit the fuse for corporate oligarchy to explode. It offered corporations the legal means of bribing Congressional candidates and tilting presidential elections as well—with corporate campaign contributions.
In the 1976 case Buckley v. Valeo, the Court declared spending money is the equivalent of free speech. In the 1978 case First National Bank of Boston v. Bellotti, the Court declared corporate contributions to political campaigns were an exercise of free speech, too. Finally in the 2010 case Citizens United v. the FEC, the Court declared as unconstitutional any limits on those corporate campaign contributions.
It did so with this preposterous reasoning:
...this Court now concludes that independent [campaign] expenditures, including those made by corporations, do not give rise to corruption or the appearance of corruption. That [corporations] may have influence over or access to elected officials does not mean that those officials are corrupt. And the appearance of influence or access will not cause the electorate to lose faith in this democracy.
The Court with 100% predictability was dead wrong. In 1964—before the genesis of corporate oligarchy—77 percent of the American people trusted the federal government. Today—14 years after Citizens United—only 22 percent retain their “faith in democracy.”
But corporate campaign funding of public officials—some say the corporate purchase—is only one element of corporate oligarchy’s success. The other is the dominance of corporate lobbying, where obligated public officials get their marching orders to favor corporate interests over the public’s. Does corporate lobbying prevail? Corporations outspend citizens’ organizations in hiring lobbyists by a factor of 34:1.
Before the triumph of corporate oligarchy partisan conflict was congenial and productive. Republicans were conservatives, anxious to maintain the status quo which at a given point in time was quite satisfactory. Democrats were liberals, impatient with the status quo which at a given point in time could always be changed for the better. The two points of view were imperative in a functioning democracy and the tension between them produced public policy compromises that served the nation well, avoiding stasis on the one hand and turmoil on the other.
We can regain that form of governance.
Those of us in the rank and file of the political parties have far more in common than today’s bitter divisiveness suggests. We all love our country, cherishing its past and hopeful for its future; we treasure our families, honoring our predecessors and nurturing our children; and we find gratification in productive work and comfort in spiritual practice. We are ordinary Americans and conscientious citizens, millions and millions of us. We are the People, all of us victimized by corporate oligarchy and its patron, the Republican Party. If we put aside the partisan invective and focus on the imperative of restoring democracy, we can do it.
We must rid the corrupted Republican Party of its greedy corporate captors, and that means, first, Donald Trump and Republican Senators and Representatives must suffer a smashing defeat in November. Then, perhaps, the GOP can be rebuilt as the necessary and responsible voice of true conservatism—the indispensable countervailing force it was in the past. Democracy can flourish again.
Republican friends and neighbors, listen up.
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Trump's Far-Right Army Is Threatening Bloodshed. Believe Them.
We must not only resist, but prevail. If we do not, it will be nearly impossible to reverse the course that America’s right-wing billionaires have set us on.
Jul 05, 2024
Kevin Roberts, who heads the Heritage Foundation (largely responsible for Project 2025) just implicitly threatened Americans that if we don’t allow him and his hard-right movement to complete their transformation of America from a democratic republic into an authoritarian state, there will be blood in the streets.
“We’re in the process of taking this country back,” he told a TV audience, adding:
“The reason that they are apoplectic right now, the reason that so many anchors on MSNBC, for example, are losing their minds daily is because our side is winning. And so I come full circle on this response and just want to encourage you with some substance that we are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.”
He’s not wrong. America has been changed as a result of a series of corrupt rulings by Republicans (exclusively; not one of these rulings has been joined by a Democratic appointee) which have changed America’s legal and political systems themselves.
As Roberts notes, this is really the largest issue we all face, and our mainstream media are totally failing to either recognize or clearly articulate how radically different our country is now, how far the Republicans on the Court have dragged us away from both our Founder’s vision and the norms and standards of a functioning, modern democratic republic.
These actions — corporate personhood, money as speech, ending the Chevron deference to regulatory agencies, and giving the president life-and-death powers that historically have only been held by kings, shahs, mullahs, dictators, and popes — have fundamentally altered the nature of our nation.
First, in a series of decisions — the first written by that notorious corporatist Lewis Powell (of “Powell Memo” fame) — Republicans on the Court have functionally legalized bribery of politicians and judges by both the morbidly rich and massive corporations.
This started with Powell’s 1978 Bellotti opinion, which opened the door (already cracked a bit) to the idea that corporations are not only “persons” under the Constitution, but, more radically, are entitled to the human rights the Framers wrote into the Bill of Rights (the first ten amendments).
Using that rationale, Powell asserted that corporations, like rich people (from the Buckley decision that preceded Belotti by two years), are entitled to the First Amendment right of free speech. But he took it a radical step farther, ruling that because corporations don’t have mouths they can use to speak with, their use of money to spend supporting politicians or carpet-bombing advertising for a candidate or issue is free speech that can’t be tightly regulated.
Citizens United, another all-Republican decision with Clarence Thomas the deciding vote (after taking millions in bribes), expanded that doctrine for both corporations and rich people, creating new “dark money” systems that wealthy donors and companies can use to hide their involvement in their efforts to get the political/legal/legislative outcomes they seek.
Last week the Republicans on the Court took even that a huge step farther, declaring that when companies or wealthy people give money to politicians in exchange for contracts, legislation, or other favors, as long as the cash is paid out after the deed is done it’s not a bribe but a simple “gratuity.”
So, first off, they’ve overthrown over 240 years of American law and legalized bribery.
Last week they also gutted the ability of federal regulatory agencies to protect average people, voters, employees, and even the environment from corporations that seek to exploit, pollute, or even engage in wage theft. This shifted power across the economic spectrum from a government elected by we the people to the CEOs and boards of directors of some of America’s most predatory and poisonous companies.
Finally, in the Trump immunity case, the Court ruled that presidents are immune from prosecution under criminal law, regardless of the crimes they commit, so long as they assert those crimes are done as part of their “official” responsibilities. And who decides what’s “official”? The six Republicans on the Supreme Court.
These actions — corporate personhood, money as speech, ending the Chevron deference to regulatory agencies, and giving the president life-and-death powers that historically have only been held by kings, shahs, mullahs, dictators, and popes — have fundamentally altered the nature of our nation.
It’s almost impossible to overstate the significance of this, or its consequences. We no longer live in America 1.0; this is a new America, one more closely resembling the old Confederacy, where wealthy families and giant companies make the rules, enforce the rules, and punish those who irritate or try to obstruct them.
In America 2.0, there is no right to vote; governors and secretaries of state can take away your vote without even telling you (although they still must go to court to take away your gun).
They can destroy any politician they choose by simply pouring enough cash into the campaign system (including dark, untraceable cash).
The president can now go much farther than Bush’s torturing and imprisoning innocent people in Gitmo without legal process: he can now shoot a person on Fifth Avenue in plain sight of the world and simply call it a necessary part of his job. Or impoverish or imprison you or me with the thinnest of legal “official” rationales.
We no longer live in America 1.0; this is a new America, one more closely resembling the old Confederacy, where wealthy families and giant companies make the rules, enforce the rules, and punish those who irritate or try to obstruct them.
America 2.0 is not a democracy; it’s an oligarchy, as I wrote about in The Hidden History of American Oligarchy. The South has finally — nearly — won the Civil War.
While it will be months or more likely years before all of these new powers the Republicans on the Court have given the president, rich people, and corporations begin to dawn on most Americans, they will, step-by-step transform this country into something more closely resembling Hungary or Russia than the democracies of Europe and Southeast Asia.
The only remedy at this late stage in this 50+ yearlong campaign to remake America is a massive revolt this fall at the ballot box, turning Congress — by huge majorities — over to Democrats while holding the White House.
If we fail at this, while there will be scattered pockets of resistance for years, it’ll be nearly impossible to reverse the course that America’s rightwing billionaires have set us on.
There has never been a more critical time in the history of our nation outside of the last time rich oligarchs tried to overthrow our democracy, the Civil War. Like then, the stakes are nothing less than the survival of a nation of, by, and for we the people.
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