Born May 27, 1923, in Fürth, Germany, and given the first name Heinz, Kissinger was the son of middle-class Jewish parents who fled Nazi persecution while he was a teenager. The family immigrated to the United States in 1938, and Kissinger became a U.S. citizen in 1943. Service in the U.S. Army took Kissinger back to Europe during WORLD WAR II. Following combat and intelligence duty, he served in the post-war U.S. military government in Germany from 1945 to 1946. Decorated with honors and discharged from the service, he earned a bachelor of arts degree summa cum laude in government studies at Harvard College in 1950, then added a master’s degree and, in 1954, a doctorate. While teaching at Harvard in the 1950s, Kissinger came to national attention with his book Nuclear Weapons and Foreign Policy (1957). The book was a bold argument against narrow COLD WAR views of military strategy. It took aim at the reigning defense doctrine of the day, which was an all-or-nothing approach holding that the United States should retaliate massively with nuclear weapons against any aggressor. Kissinger proposed a different solu- tion based on the approach of Realpolitik, the German concept of an intensely pragmatic, rather than idealistic, vision of international relations. The United States should deplo y nuclear weapons strategically around the world as a deterrent, he argued, while relying on conventional, non-nuclear forces in the event of aggression against it. The idea gradually took hold over the next decade. Kissinger viewed the Soviet Union as the chief adversary of the United States, but also as the only other superpower and, therefore, to be dealt with in a consistent and rational fashion. He helped develop the concept of détente, which allowed for the easing of relations between the United States and the U.S.S.R. and al so paved the way for the opening of relations with China. Kissinger directed the Harvard International Seminar from 1952 through 1969. Rising to the top of his field, Kissinger became a driving force Henry Kissinger. JOE CORRIGAN/GETTY IMAGES Henry Alfred Kissinger 1923– ▼▼ ▼▼ 1925 2000 1975 1950 ◆ ❖ ◆ 1923 Born, Fürth, Germany 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War ◆ ◆◆ ◆◆ ◆ ◆◆◆◆ 1938 Family immigrated to United States 1943–46 Served with U.S. Army in Europe 1954 Earned Ph.D. from Harvard 1957 Nuclear Weapons and Foreign Policy published 1954–69 Headed Harvard's Center for International Affairs 1969 Left Harvard to become national security advisor in Nixon White House 1972 Arranged Nixon's visit to China; helped broker the Anti-Ballistic-Missile Treaty with USSR ◆ 1982 Founded consulting firm of Kissinger Associates, Inc. 1979 White House Years published 1973–77 Served as secretary of state under both Nixon and Ford 1973 Brokered cease-fire negotiations with Vietnam; awarded Nobel Peace prize with North Vietnamese negotiator, Le Duc Tho 1994 Diplomacy published 1999 Years of Renewal published 2006 Received Woodrow Wilson Award for Public Service 2007 Received Hopkins- Nanjing award for work in improving Sino-American relations 2002 Appointed by President George Bush to lead independent probe into September 11 terrorist attacks; resigned due to potential business conflicts 2001 Does America Need A Foreign Policy? published ◆ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 168 KISSINGER, HENRY ALFRED behind Harvard’s efforts in the area of foreign policy. He took increasingly higher positions in the school’s Center for International Affairs and directed its Defense Studies Program. Kissinger became much sought after by politicians, diplomats, and government defense specialists in the 1960s. He counseled Presidents JOHN F. KENNEDY and LYNDON B. JOHNSON on foreign policy. In 1968, he advised Governor Nelson A. Rockefeller of New York, in Rockefeller’s unsuccessful campaign for the REPUBLICAN PARTY nomination for president. After the election, the new president, RICHARD M . NIXON, was quick to hire away his opponent’s adviser at Rockefeller’s urging. Named first to the position of assistant for national security affairs, a high-level post, he soon eclipsed the president’s secretary of state, WILLIAM P. ROGERS, in visibility and influence. Indeed, by the end of Nixon’s first term, Kissinger was the acknowledged architect of U.S. foreign policy. His rise to preeminence was complete in 1973, when Nixon made him secretary of state. Under Nixon, Kissinger had a string of historic successes. He arranged Nixon’s break- through visit to China in 1972, which ended years of hostile relations between the two nations. Also in 1972, at the Strategic Arms Limitations Talks (SALT 1), he helped to broker the Anti-Ballistic-Missile Treaty, the landmark agreement to limit nuclear proliferation, signed by the United States and the Soviet Unio n. Kissinger’s approach to Vietnam was the most controversial aspect of his tenure. Whi le attempting to turn the conduct of the war over to the South Vietnamese allies (“Vietnamiza- tion”), Kissinger is alleged to have helped plan the secret U.S. invasion and bombing of Cambodia, which resulted in the destabilization of that country. Kissinger conducted peace negotiations between the United States and Vietnam en route to the signing of a ceasefire in 1973. In recognition of his efforts, he was awarded the Nobel Peace Prize, with the chief North Vietnamese negotiator, Le Duc Tho, who refused the award. Kissinger also engineered ceasefires between Arab states and Israel after their 1973 war, conducting what was known as shuttle diploma- cy. He made eleven shuttle missions be tween Egypt, Israel, and Syria as part of his efforts to negotiate peace in the region. More contentiously, Kissinger is also alleged to have played a role in the coup against President Salvador Allende in Chile in 1973 and in the invasion of East Timor by Indonesia in 1975, although the extent of his involvement is a source of extensive disagreement, and Kissinger himself denies playing any sort of part in either event. When Nixon’s 1974 resignation resulted in the succession of GERALD R. FORD as president, Ford kept Kissinger as both secretary of state and national security adviser. Kissinger was awarded the presidential Medal of Freedom in 1976 and the Medal of Liberty in 1986. In private life, Kissinger continued to be active in international affairs. He taught, served as a consultant, and often commented in the media on foreign policy, while also writing two popular memoirs: White House Years (1979) and Years of Upheaval (1982). President RONALD REAGA N briefly lured Kissinger back into public life in 1983, appoint- ing him to head a commission to make policy recommendations on Latin America. In 1994 Kissinger published Diplomacy, which analyzed modern foreign relations, including the strate- gies employed during the Vietnam War, and in 2003, he published Ending the Vietnam War: A Personal Hist ory of America’s Involvement in and Extrication from the Vietnam War. In November 2002, Kissinger was appointed by President GEORGE W. BUSH to chair the commission that had been convened to investi- gate the September 11, 2001 attacks on the Pentagon and the World Trade Centers. Two weeks later, Kissinger announced his resigna- tion from the commission in order to avoid possible conflicts of interest with persons and organizations that employed his consulting firm, Kissinger Associates. Kissinger, through his consulting firm, public appearances, and editorials continued to express opinions on U.S. foreign policy. In 2006, he was given the Woodrow Wilson Award for Public Service by the Wilson International Center, and in June 2007, he received the Hopkins-Nanjing award from the Hopkins- Nanjing Center in Nanjing, China for his role in improving Sino-American relations. FURTHER READINGS Anderson, John. “Kissinger: Peacemaker or War Criminal?” Newsday. (September 23, 2002). A CONVENTIONAL ARMY LOSES IF IT DOES NOT WIN .THE GUERILLA ARMY WINS IF IT DOES NOT LOSE . —HENRY KISSINGER GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION KISSINGER, HENRY ALFRED 169 Bhorne, Alistair. 2009. Kissinger: 1873, the Crucial Year. New York: Simon & Schuster. Brigham, Robert K. “Siege Mentality.” 2003. Washington Post. (March 2). Henry A. Kissinger Web site. Available online at http://www. henryakissinger.com/ (accessed September 5, 2009). Kissinger, Henry A. 2003. Ending the Vietnam War: A History of America’s Involvement in and Extrication from the Vietnam War. New York: Simon & Schuster. CROSS REFERENCE Arms Control and Disarmament . KITING The unlawful practice of drawing checks against a bank account containing insufficient funds to cover them, with the expectation that the necessary funds will be deposited before such checks are presented for payment. v KLEINDIENST, RICHARD GORDON Richard Gordon Kleindienst, a prominent Arizona lawyer and REPUBLICAN PARTY leader, served as U.S. attorney general from 1972 to 1973. He was charged in the WATERGATE scandals and ultimately pleaded guilty to a perjury charge in 1974. Kleindienst was born August 5, 1923, in Winslow, Arizona. He served in the U.S. Army from 1943 to 1946 and then attended college. He graduated from Harvard University in 1947 and received his law degree from Harvard Law School in 1950. He was admitted to the Arizona bar in 1950 and entered prac tice with a law firm in Phoenix. Politics soon became a dominant part of Kleindienst’s life. He was elected as a Republican to the Arizona House of Representatives in 1953 where he served one term. During the 1950s, the western conservative wing of the Republican Party started to grow. SenatorBarry M. Goldwater, of Arizona, became the standard- bearer of conservatism, and Kleindienst devoted himself to this cause. He led the Young Republicans and served on the state and national Republican committees. He also took on the role of political mentor to WILLIAM H. REHNQUIST,a young Arizona attorney who later would become chief justice of the U.S. Supreme Court. Kleindienst’s political activities climaxed in 1964, when he served as director of field operations for Goldwater’sunsuccessfulpresi- dential campaign against incumbent LYNDON B. JOHNSON. Kleindienst became an ally of RICHARD M. NIXON.HeworkedonNixon’s successful 1968 presidential campaign and served as general counsel of the Republican National Committee. As a reward for Kleindienst’scampaignwork, Nixon appointed him deputy attorney general in January 1969. Kleindienst brought to Washing- ton, D.C., his protégé Rehnquist to serve as counsel to Attorney General JOHN N. MITCHELL. In 1972 Mitchell agreed to resign as attorney general and to become the head of President Nixon’s re-election committee. Kleindienst was appointed attorney general on June 12. At his confirmation hearings, Democratic senators raised questions about an antitrust settlement that Kleindienst had negotiated betw een the federal government and International Tele- phone and Telegraph Corporation (ITT). Rumors suggested that the White House had ▼▼ ▼▼ Richard Gordon Kleindienst 1923–2000 19501950 19751975 20002000 19251925 ❖ ◆ ◆ 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War 1923 Born, Winslow, Ariz. ◆ ❖ ◆ ◆ ◆ ◆ ◆ ◆ 1943–46 Served in U.S. Army 1950 Graduated from Harvard Law School; admitted to Ariz. bar 1953 Elected to Arizona House 1964 Served as director of field operations for Goldwater's presidential campaign against Johnson 1969 Appointed deputy attorney general 1974 Pleaded guilty to misdemeanor perjury charge related to Senate confirmation hearings; Nixon resigned 1985 Justice published 1981 Acquitted of 12 counts of perjury; Arizona Supreme Court suspended license to practice for one year in disciplinary case 1972 Appointed U.S. attorney general; burglars tied to Nixon reelection campaign arrested during break-in of DNC's Watergate headquarters 2000 Died, Prescott, Ariz. 1999 Participated in historic forum of former U.S. Attorneys General at American Bar Association convention IT IS OF UTMOST IMPORTANCE TO THIS ADMINISTRATION IN POWER , AND YOU MEN MUST DO EVERYTHING YOU CAN TO INSURE THAT RESULT . —RICHARD KLEINDIENST GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 170 KITING pressured Kleindienst to drop the antitrust suit. The senators also alleged that ITT had received a favorable disposition of the lawsuit in return for a large contribution to Nixon’s re-election campaign. At his hearings, Kleindienst denied that anyone had pressured him. On June 17, five days after Kleindienst was sworn in as attorney general, persons working for the Nixon re-election committee broke into Democratic National Committee headquarters at the Watergate office building complex in Washington, D.C. The burglars planted elec- tronic eavesdropping devices in hopes of gaining intelligence on the Democrats’ strategy to defeat Nixon. The burglars were arrested. On January 20, 1973, Kleindienst met with Mitchell and White House advisers to discuss handling the public-relations problems that were mounting in the wake of the break-in. As events unfolded, prosecutors began to tie the burglars to the White House and the re-election committee leade rship. On April 30, Kleindienst and top White House aides H.R. Haldeman, John D. Ehrlichman, and John W. Dean III resigned, amid charges of White House efforts to obstruct justice in the Watergate case. In 1974, Kleindienst pleaded guilty to a misdemeanor perjury charge for failing to testify fully at his Senate confirmation hearings con- cerning the ITT lawsuit. The charge against him revealed that Nixon had called him in 1971 and told him to drop the case. Kleindienst later claimed that he was innocent of the charge and that he had not been swayed by Nixon’s directive. He was fined $1,000 and sentenced to 30 days in jail, but the judge suspended the sentence. Prosecutors also discovered that ITT had contributed $400,000 to the Nixon cam- paign following the resolution of the lawsuit, but Kleindienst was never implicated in that matter. Kleindienst returned to Arizona, where he resumed his law practice. In 1985, he published Justice, his account of his time in Washington, D.C. He died at his home in Prescott, Arizona, on February 3, 2000. FURTHER READINGS Ben-Veniste, Richard. 2009. The Emperor’s New Clothes: Exposing the Truth from Watergate to 9/11. New York: Thomas Dunne. Kleindienst, Richard G. 1985. Justice: The Memoirs of Attorney General Richard Kleindienst. Ottawa, IL: Jameson. Kutler, Stanley I. 1992. The Wars of Watergate. New York: Norton. v KNAEBEL, ERNEST Ernest Knaebel was an attorney who became an assistant U.S. attorney for Colorado and later a U.S. Supreme Court reporter of decisions. Born June 14, 1872, in Manhasset, New York, and raised in New York, Knaebel received his college and legal education at Yale. He received his bachelor of arts degree in 1894, his bachelor of laws degree summa cum laude in 1896, and his master of laws degree magna cum laude in 1897. After graduating from law school, he was admitted t o the New York, New Mexico, and Colorado bars. He practiced law in New York City from 1897 to 1898. In 1898 Knaebel moved to Colorado and entered private practice with his father in ▼▼ ▼▼ Ernest Knaebel 1872–1947 1850 1900 1925 1950 1875 ❖ 1861–65 U.S. Civil War 1872 Born, Manhasset, N.Y. ◆ 1894 Received A.B. from Yale University 1897 Received J.D. from Yale University 1897–98 Practiced law in New York City 1898 Moved to Colorado ◆ ◆ 1902–07 Served as assistant U.S. attorney for Colorado ◆ 1907 Served as special assistant to U.S. attorney general 1914–18 World War I 1939–45 World War II 1916–44 Served as reporter of decisions for U.S. Supreme Court 1911–16 Served as assistant U.S. attorney general 1909–16 Organized and directed Public Lands Division of U.S. Justice Department ❖ 1947 Died, West Boxford, Mass. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION KNAEBEL, ERNEST 171 Denver. From 1902 to 1907 he served as assistant U.S. attorney for Colorado. He returned to the East in 1907 to become a special assistant to the attorney general in Washington, D.C., and was named assistant attorney general in 1911. During his tenu re with the JUSTICE DEPARTMENT, Knaebel was heavily involved in land-fraud prosecutions, arguing many of the early cases concerning public and Indian land disputes that came before the U.S. Supreme Court. He also organized the PUBLIC LANDS Division of the Justice Department and directed that division from 1909 to 1916. In 1916 Knaebel was appointed the reporter of decisions for the U.S. Supreme Court. In this capacity, he and his staff were responsible for the slow, painstaking task of editing the Court’s decisions and preparing them for publication. The reporter checks all citations in the opinions, corrects typographical and other errors, adds the headnotes summarizing the major points of law, and lists the voting lineup of the justices and the names of counsel. Under Knaebel’s tenure, the office of reporter was reorganized by statute and the printing and sale of U.S. Reports, the official publication of Supreme Court orders and decisions, was turned over to the U.S. GOVERNMENT PRINTING OFFICE and the superinten- dent of documents. Knaebel edited volumes 242 to 321 of U.S. Reports. Knaebel was a member of the AMERICAN BAR ASSOCIATION , Phi Beta Kappa, and Phi Alpha Delta. He served on the Board of Governors of the Lawyers’ Club and was a member of the Cosmos Club and the Yale Club. Knaebel served as reporter of decisions from 1916 until January 31, 1944, when he retired because of ill health. He died on February 19, 1947, in West Boxford, Massachusetts. KNOW-NOTHING PARTY The Know-Nothing movement was actually a group of secret anti-Catholic, anti-Jewish and anti-immigrant political organizations that called itself the American party. The movement, composed principally of native-born, white, Anglo-Saxon males, came i nto being in the 1850s, grew rapidly, and waned almost as quickly. In the early 1800s, as immigrant s continued to flow into the United States, a number of American citizens grew increasingly alarmed. Waves of Germans, who mostly spoke in their native tongue, and Irish, whose thick brogues were difficult to understand, were two groups who inspired the great opposition. The clannish Irish, who were Catholics, were particularly feared and despised. Many Protestants felt that all Catholics were controlled by and took orders from the pope in Rome. Certain groups of already established Amer- icans who called themselves “Nativists,” formed secret societies dedicated to stopping the flow of immigrants. The depth of nativist animosity was demonstrated in 1834 when a group of anti- Catholic laborers and townspeople chased a group of students and Ursuline nuns from their school and convent near Boston and then burned the buildings. In 1835 a group of New Yorkers organized a state political party, the Native American Democratic Association. Association candidates, running on a platform that opposed Catholics and immigrants, with support from the Whigs (members of a political party formed in 1834 to oppose ANDREW JACKSON and the Democrats) gained 40 percent of the vote in the fall elections. In the 1840s more groups appeared in Baltimore, Philadelphia, and other metropol- itan regions of the country. Various local groups appeared and disappeared over time. Eventually the themes of hostility to Catholics and immigrants and the corresponding opposition to the costs of trying to support and educate indigent foreigners found favor with groups attempting to organize on a national basis. In 1849 a secret fraternal organization bearing the name of the Order of the Star Spangled Banner was launched in New York and similar lodges began to form in other major American cities. When asked about their nativist origins, members would respond that they “knew nothing” and soon found them- selves so-labeled. Secretive at first, the organi- zation soon found support for proposals that included stringent restrictions on IMMIGRATION, exclusion of foreign-born persons from voting or holding political office and a residency requirement of more than 20 years for U.S. citizenship. Because many Know-Nothing sup- porters felt that liquor had a pernicious effect on immigrants, they sought to limit alcohol sales. They also supported daily Bible readings in schools and tried to ensure that only Protestants could teach in the public schools. As it shed its clandestine beginnings, the Know-Nothing movement spread rapidly. By GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 172 KNOW-NOTHING PARTY 1852 supporters of the Know-Nothing move- ment had achieved significant results with many of their candidates winning seats in local and state elections. With the passage of the KANSAS- NEBRASKA ACT of 1854, the movement gained more supporters. Although originally allied with the Whigs, the phenomenal success of the Know-Nothings as well as growing debate over SLAVERY helped cause the decline and demise of the WHIG PARTY. The Know-Nothings elected the governor and all but two members of the Massachusetts state legislature as well as 40 members of the New York state legislat ure. By 1855 Know-Nothing adherents had elected thousands of local government officials as well as eight governors. Forty-three Know-Nothing candidates were elected to the U.S. House of Representatives and there were five Know- Nothing senators. Yet even as the number of Know-Nothing adherents reached its peak, the movement was beginning to decline. Despite their numbers in elective office, the Know-Nothings were largely unsuccessful in passing significant legislation. They introduced a bill in Congress that called for the prohibition of immigration of foreign- born paupers and convicts. They also intro- duced legislation in several states that required registration and literacy tests for voters. In 1856 the Know-Nothings held their first and only national convention in Philadelphia where, as the American party, they supported former President MILLARD FILLMORE as their presidential candidate. The meeting illustrated the growing divide between antislavery and proslavery factions within the party when a group of antislavery delegates abruptly left the convention. Fillmore received 21 percent of the popular vote and eight electoral votes, finishing a poor third behind Democrat JAMES BUCHANAN (who had been nominated i nstead of unpopular incumbent FRANKLIN PIERCE and who won the election) and Republican John Fremont. The dismal showing of Fillmore and the increasing controversy over slavery continued the rapid disintegration of the Know-Nothing movement. Many antislavery adherents joined remnants of the Whigs in the newly emerging REPUBLICAN PARTY, while proslavery supporters joined the DEMOCRATIC PARTY. By 1859 the Know- Nothing movement had lost support in all but a few Northern and border states and was no longer of any significance on the national stage. FURTHER READINGS Anbinder, Tyler. G. 1994. Nativism and Slavery: The Northern Know-Nothings and the Politics of the 1850s. New York: Oxford Univ. Press. Mulkern, John. 1990. The Know-Nothing Party in Massa- chusetts: The Rise and Fall of a People’s Party. Boston: Northeastern Univ. Press. An 1844 “Nativist” campaign banner. By 1856. the anti-immigrant, anti-Catholic political group—then known as the American party (or Know-Nothings)— held their only national convention in Philadelphia, nominating Millard Fillmore for president. DAVID J. & JANICE L. FRENT COLLECTION/ CORBIS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION KNOW-NOTHING PARTY 173 Taylor, Steven. 2000. “Progres sive Nativism: The Kno w- Nothing Party in Massachusetts.” Historical Journal of Ma ssachusetts (summer). Available onli ne at http://findarticles.com/p/articles/mi_qa3837/is_200007/ ai_n8908750/; website home page: http://findarticles. com (accessed August 5, 2009). KNOWINGLY Consciously; willfully; subject to complete under- standing of the facts or circumstances. According to provisions contained in the MODEL PENAL CODE, an individual is deemed to have acted knowingly in regard to a material element of an offense when: in the event that such element involves the nature of his or her conduct or the circumstances attendant thereto, he or she is aware that the conduct is of such nature or that those circumstances exist; if the element relates to a result of the person’s conduct, he or she is conscious of the fact that it is substantially certain that the conduct will precipitate such a result. When the term knowingly is used in an indictment, it signifies that the defendant knew what he or she was going to do and, subject to such knowledge, engaged in the act for which he or she was charged. v KNOX, PHILANDER CHASE Philander Chase Knox was a corporate attorney, industrialist, and two-time U.S. senator from Pennsylvania. He served as U.S. attorney general under President WILLIAM MCKINLEY from 1901 to 1904, and as U.S. secretary of state under President WILLIAM HOWARD TAFT from 1909 to 1913. Knox was born to privilege on May 6, 1853, in Brownsville, Fayette County, Pennsylvania. His banker father, David S. Knox, financed commercial activities in the region around Pittsburgh. His mother, Rebekah Page Knox, was involved in numerous philanthropic and social organizations, and she encouraged her children in COMMUNITY SERVICE pursuits. Knox’s early education was in local private schools with the children of other prominent Pennsylvania families. He received a bachelor of arts degree from Mount Union College, in Alliance, Ohio, in 1872. While in college Knox began a lifelong friendship with future president McKinley, who was then district attorney of Stark County, Ohio. McKinley encouraged the young man’s interest in the law, and arranged for him to read law in the office of Attorney H. B. Swope, of Pittsburgh. After spending three years with Swope, Knox was admitted to Pennsylvania’s Allegheny County bar in 1875. Shortly thereafter he was appointed assistant U.S. district attorney for the Western District of Pennsylvania. Two years later he formed a law partnership with James H. Reed, of Pittsburgh, that would last more than 20 years. In 1880 he formed an equally lasting marital partnership with Lillie Smith, daughter of Pittsburgh businessman Andrew D. Smith. Knox’s professional skills and personal style were well s uited to the business climate of his day. He was intimately involved in the industrial development of the Pittsburgh region as well as the organization and direction of the c ompanies forging that development. Hiseffortsmadehimoneofthewealthiestmen in Pennsylvania. Knox, along with many of his business and social peers, was a charter member of the South Philander Chase Knox 1853–1921 ▼▼ ▼▼ 18501850 19251925 19001900 18751875 ❖ 1853 Born, Brownsville, Pa. 1861–65 U.S. Civil War ◆ 1872 Earned B.A. from Mt. Union College ◆ 1875 Admitted to Allegheny County (Pa.) bar ◆ 1889 Johnstown Flood ◆ 1897 Elected president of Pa. Bar Association 1901–04 Served as U.S. attorney general 1904–09 Represented Pa. in U.S. Senate 1909–13 Served as secretary of state under President Taft ◆ 1913 Returned to private practice 1914–18 World War I 1916–21 Served second term in U.S. Senate ❖ 1921 Died, Washington, D.C. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 174 KNOWINGLY Fork Fishing and Hunting Club, on Lake Conemaugh, near Johnstown, Pennsylvania. The club erected a dam to create its private lake retreat. When the dam failed on May 31, 1889, an ensuing flood killed more than 2,000 people and destroyed countless homes and businesses in its path. Author David McCullough noted in his history The Johnstown Flood that no money was ever collected from the club or its members through damage suits. But Knox’s family contributed to the relief efforts, and Knox and other businessmen used their resources to help rebuild many of the compa- nies and restore many of the jobs lost in the cataclysm. By 1897 Knox had sufficiently redeemed himself to be elected president of the Pennsyl- vania BAR ASSOCIATION. In 1899 his longtime friend President McKinley offered him the position of attorney general of the United States. Knox declined McKinley’s initial offer because he was heavily involved in the forma- tion and organization of the Carnegie Steel Company, so the position went to JOHN W. GRIGGS. When Griggs resigned in 1901, McKinley again offered the position to Knox. This time Knox accepted. He began his term on April 9, 1901. Within the year he brought an antitrust action against the Northern SECURITIES Company, through which James J. Hill, John Pierpont Morgan, and others had attempted to merge the Great Northern, the Northern Pacific, and the Chicago, Burlington, and Quincy railroads. Knox guided the litigation through several appeals and made the winning argument before the U.S. Supreme Court (Northern Securities Co. v. United States, 193 U.S. 197, 24 S. Ct. 436, 48 L. Ed. 679 [1904]). Later in 1901 he ruled against executive authority—and his own preferences—when he advised that game refuges in the national forests could be established only through legislation. He told President McKinley that he regretted having to make that decision: “I would be glad to find authority for the intervention by the Secretary [of Interior] for the preservation of what is left of the game but it would seem that whatever is done in that direction must be done by Congress, which alone has the power” (Baker 1992, 405). Knox stayed on as attorney general under President THEODORE ROOSEVELT. In 1902 he traveled to Paris to examine the title to a canal concession across the Isthmus of Panama. Knox validated a French company’s questionable title (in a 300-page opinion) and opened the way for the United States to purchase the company’s interests. The incident is often cited as an example of the law be ing manipulated by presidential prerogative. Knox reportedly said afterward that Roosevelt’s plan to acquire the canal concession was not marred by the slightest taint of legality. His service as attorney general ended June 10, 1904, when Governor Samuel W. Penny- packer, of Pennsylvania, appointed him to fill the vacancy caused by the death of Senator Matthew S. Quay. Knox took Quay’s seat in the U.S. Senate July 1, 1904, and was subsequently elected to a full six-year term. During his term he was active and influential, especially in railroad rate legislation. He served on the Judiciary Committee, took a prominent part in a debate over tolls for the Panama Canal, and for a time was chairman of the Senate committee on rules. He resigned his Senate seat March 4, 1909, to accept President Taft’s appointment as secretary of state. Under Taft the focus of foreign policy was the encouragement and Philander Chase Knox. LIBRARY OF CONGRESS THE CONSCIOUSNESS OF POSSESSING A GIANT ’S STRENGTH IS A SUFFICIENT PREVENTIVE AGAINST THE TYRANNY OF USING IT AS A GIANT . —PHILANDER KNOX GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION KNOX, PHILANDER CHASE 175 protection of U.S. investments abroad. Taft’s approach, often called dollar diplomacy, was first applied in 1909, in a failed attempt to help China assume ownership of the Manchurian railways. Tangible proof of Knox’s efforts in this attempt can be seen today in Washington, D.C.: The Chinese government gave him 2,000 cherry trees that still blossom each spring. More successful attempts at dollar diplomacy were eventually made in Nicaragua and the Caribbean. In March 1913 Knox returned to the practice of law. He did not last long. Just three years later, he announced his intention to seek a second term in the U.S. Senate. He was elected November 6, 1916. He was an outspoken opponent of the LEAGUE OF NATIONS, and he took a leading role in the successful fight against the ratification of the TREATY OF VERSAILLES at the close of WORLD WAR I because, he said, it imposed “obligations upon the United States which under our CONSTITUTION cannot be imposed by the treaty-making power.” On October 12, 1921, Knox collapsed and died outside his Senate chamber in Washington, D.C. He was 68 years old. He was buried near his home at Valley Forge, Pennsylvania. FURTHER READINGS Baker, Nancy V. 1992. Conflicting Loyalties: Law and Politics in the Attorney General’s Office, 1789–1990. Lawrence: Univ. Press of Kansas. Dictionary of American Biography. Twenty Volumes and Supplements. New York: Charles Scribner’s Sons, 1928–1936. (Volume V, Hibben-Larkin edited by Dumas Malone, Pages 479–480.) Reisman, W. Michael. 1983. “The Struggle for the Falk- lands.” Yale Law Journal 93, no. 2 (December). v KOOP, CHARLES EVERETT Dr. CHARLES EVERETT KOOP, SURGEON GENERAL under President RONALD REAGAN, boldly led the United States on controversial health issues such as smoking, ABORTION, infanticide, and ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS). Koop was a driven, dedicated public servant, committed to doing what he felt was best for the health of the American people. He aggressively confronted pressing health issues while dodging the political machinery of Washington, D.C. During his eight-year tenure, Koop increased the influence and authority of his post with the PUBLIC HEALTH SERVICE. With a passion for medicine and a sincere interest in promoting the public’s health, Koop was affectionately regarded as “America’s family doctor.” Koop was born October 14, 1916, in Brooklyn, the only surviving child of John Everett Koop and Helen Apel Koop. As a young pupil, he excelled academically and socially, participating in football, baseball, basketball, and wrestling. One month before his 17th birthday, Koop entered Dartmouth College. The Dartmouth coaches quickly recognized Koop’s talent at football and awarded him the coveted position of quarterback. However, after a severe concussion damaged his vision and threatened the surgical career that he had envisioned as a young man, Koop quit the team. He immersed himself in pre-med studies, majoring in zoology. Having lost his football ▼▼ ▼▼ Charles Everett Koop 1916– 1950 1975 2000 1925 ❖ ◆ ◆ ◆ ◆ ◆ 1914–18 World War I 1939–45 World War II 1950–53 Korean War 1961–73 Vietnam War ◆ ◆ ◆ ◆ ◆◆ 1916 Born, Brooklyn, N.Y. 1937 Earned B.A. from Dartmouth College 1948–81 Served as surgeon- in-chief of Children's Hospital of Philadelphia 1958 Appointed professor of pediatric surgery at U. Penn. 1980 The Right to Live, The Right to Die published 1982 Surgeon General's Report on Smoking and Health published 1984 Baby Doe Amendment passed, expanding definition of child abuse 1986 Health Consequences of Passive Smoking and The Surgeon General's Report on Acquired Immune Deficiency Syndrome released 1991 Won Emmy for 5-part health care reform documentary C. Everett Koop, M.D.; Koop: The Memoirs of America's Family Doctor published 1981–89 Served as surgeon general under President Reagan 1988 Understanding AIDS: A Message from the Surgeon General sent to every home in America 1999 Received American Cancer Society Medal of Honor 2002 Critical Issues in Global Health Care published 2005 Awarded Surgeon General’s Medallion GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 176 KOOP, CHARLES EVERETT scholarship, Koop took a series of odd jobs to finance his way through college. Koop entered medical school at Cornell University in the fall of 1937. In 1938, he married Elizabeth (“Betty”) Flanagan, with whom he eventually raised four children. When the United States entered WORLD WAR II, and many physicians were called to duty, Koop performed many surgeries that, under normal circumstances, would have been assigned to more senior physicians. For his next phase of training, Koop and his family moved to Philadelphia. There, he took an internship at Pennsylvania Hospital, followed by a residency at University of Pennsylvania Hospital. After residency, in 1948, Koop became surgeon-in-chief of Children’s Hospital of Philadelphia. During his more than 30 years at Children’s Hospital, Koop helped establish pediatric sur- gery as a medical specialty. At the time he took the job, many surgeons were reluctant to operate on infants and small children because of the risks associated with sedating them. Koop devised anesthetic techniques for his young patients and worked tirelessly to perfect surgical procedures and post-operative care for children. Along with being a skilled surgeon, he was a compassionate doctor. He was sensitive to the parents of sick and dying children and helped to create support groups to meet their needs. Koop’s work with pre-term and malformed babies at Children’s Hospital influen ced his strong positions against abortion, infanticide, and EUTHANASIA. While at Children’s Hospital, Koop wrote The Right to Live, the Right to Die (1980), a bestseller that outlined the relation- ship among those three practices. He quickly became a spokesman on these issues and committed a great deal of his time to trying to rouse the American conscience. Later, after he was nominated to be surgeon general, Koop was surprised to learn that his Republican suppor- ters valued him more for his stance against abortion than for his impressive medical career. In 1980, with retirement just one year away, Koop accepted the invitation to become the surgeon general in Reagan’s new administra- tion. The surgeon general is an officer in the United States Public Health Service Commis- sioned Corps, a uniformed, mobile health unit. Under the leadership of the secretary of Health and Human Services, the surgeon general administers health policies and supervises personnel in the field. During his time in office, Koop broadened the surgeon general’s role from low-profile administrator to high-profile leader. Koop’s surgeon general’s reports and fre- quent testimony influenced the passage of numerous health-related mandates. He became a household name as he gently, yet firmly, informed the American public about the most preventable threats to their health. Regardless of the political consequences, Koop believed that he was obligated to provide accurate informa- tion to the public. Koop launched an antismoking campaign with the 1982 Surgeon General’s Report on Smoking and Health. In that DOCUMENT,he clearly stated the relationship between cancer deaths and smoking. In the years that followe d, Koop produced reports that linked smoking to cardiovascular disease and to chronic obstruc- tive lung disease. In an anti-tobacco campaign, Koop targeted smokeless tobacco products, such as chewing tobacco and snuff, citing their connections to various cancers. His actions spurred the passage of the Comprehensive Smokeless Tobacco Health Education Act of 1986, 15 U.S.C.A. §§ 4401 et seq., a mandate to educate the public about this health threat. At Koop’s urging, Congress legislated warning labels for smokeless tobacco products. Koop examined the effects of smoking on nonsmokers in his 1986 report Health C. Everett Koop. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION KOOP, CHARLES EVERETT 177 . Chase Knox. LIBRARY OF CONGRESS THE CONSCIOUSNESS OF POSSESSING A GIANT ’S STRENGTH IS A SUFFICIENT PREVENTIVE AGAINST THE TYRANNY OF USING IT AS A GIANT . —PHILANDER KNOX GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD. Received American Cancer Society Medal of Honor 2002 Critical Issues in Global Health Care published 2005 Awarded Surgeon General’s Medallion GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 1 76 KOOP,. spread rapidly. By GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 172 KNOW-NOTHING PARTY 1852 supporters of the Know-Nothing move- ment had achieved significant results with many of their candidates