Lewis Powell Writes Landmark Memo Blueprinting Corporate Institutional Capture Strategy

Corporate lawyer Lewis Powell drafts a confidential 34-page memorandum to Eugene B. Sydnor Jr., Chair of Education Committee of U.S. Chamber of Commerce, titled “Attack On American Free Enterprise System.” This document provides a comprehensive, systematic blueprint for corporate capture of American democratic institutions through strategic infiltration of universities, media, courts, and political systems. Powell argues that business must actively acquire “political power” and use it “aggressively and with determination,” viewing the judiciary as the “most important instrument for social, economic and political change.”

The memo outlines the need for “highly qualified scholars” and organizations with “national reputation” to counter perceived threats to the free enterprise system through “careful long-range planning” and coordinated financing. Powell’s opening line declares: “No thoughtful person can question that the American system is under broad attack.” The memo directly inspired the creation of conservative think tanks including the Heritage Foundation, Cato Institute, American Enterprise Institute, and American Legislative Exchange Council (ALEC).

The strategy proved remarkably effective: corporate political engagement dramatically increased in the decade following. Corporate public affairs offices in Washington grew from 100 in 1968 to over 500 in 1978. Registered corporate lobbyists increased from 175 in 1971 to nearly 2,500 by 1982. Corporate PACs increased from under 300 in 1976 to over 1,200 by 1980. The memo remained confidential until leaked by columnist Jack Anderson in 1972.

Two months after writing the memo, Nixon nominated Powell to the Supreme Court, where he subsequently implemented key aspects of his institutional capture strategy through landmark judicial decisions expanding corporate rights. Scholarly analysis reveals the memo as a pivotal strategic document that fundamentally reshaped corporate political engagement, creating a revolving door between think tanks, industries, and government regulatory bodies that persists through Project 2025.