Robert E Cushman
Biographic Data
| ID | 952113 |
|---|---|
| NAME | Robert E Cushman |
| GIVEN NAMES | Robert E |
| FAMILY NAME | Cushman |
| SIGNATURE | CUSHMAN R E |
| AFFILIATIONS | Cornell University |
| VERIFIED | No |
| TOTAL WORKS | 57 |
| TOTAL CITATIONS | 17 |
| AUTHOR COUNT | 57 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1913 |
| LATEST PUBLICATION YEAR | 1976 |
| H-INDEX | 3 |
The Marine Corps Today-Asset or Anachronism
I The purpose of the United States Marine Corps is once again being questioned. Recent studies have resurrected the premise that amphibious assault operations are a ponderous relic of World War 11. Critics would have us believe that for the past three decades the Marine Corps has been structuring and equipping itself for an eventuality that will never happen and that the Marine Corps had better find a new mission before it is relegated to the scr…
Therapeia--Plato's Conception of Philosophy.
This reviewer has no doubts that Dr. Cushman has written a controversial book on Plato and in doing so has not only shown impressive familiarity with solid Platonic literature but is also very much at home with all the dialogues and salient passages bearing upon his thesis.-John P. Anton, Ohio Wesleyen University Whoever the reader is, he willafind a hearty incitement to the articulation of ideas that American thought needs.-L. W. Norris, Saturda…
Is the Incarnation a Symbol
The Protection of Internal Security
Augustine
Barth's Attack upon Cartesianism and the Future in Theology
Greek and Christian Views of Time
American Civil Liberties in Mid-Twentieth Century
T is no easy task to take off a balance sheet for 1951 from our national civil liberties ledger which will show accurately the gains and losses we have sustained. The more important accounts in the ledger are very active accounts which persist in fluctuating between red and black. We congratulate ourselves that we fought World War II without the crude and brutal attacks on freedom of speech and press of which we were guilty in World War I, only t…
Faith and Reason in the Thought of St. Augustine
Christianity boldly asserted that the eternal Logos had been manifested in the personal history of Jesus called Christ. Once this claim began to receive wide acceptance, the older ways of philosophizing characteristic of the classical ages were shaken. On the one hand, Christians affirmed positively that God had drawn nigh, disclosing himself in history to those who believed. On the other hand, they held that, apart from reliance upon this divine…
Constitutional Law in 1946–47
Fred M. Vinson took his seat as Chief Justice of the United States at the beginning of the 1946 term; there were no other changes in the personnel of the Court. Mr. Justice Jackson returned to the bench after his year's absence in Nuremberg. Continuing disagreement among the justices was shown by the fact that in twenty-three cases four justices dissented, and in twenty-four cases three dissented. The number of concurring opinions filed remained …
V. Civil Liberties
The Supreme Court's decisions dealing with civil liberties in the ten years under review fall into four groups: (1) cases involving the rights protected by the First Amendment—freedom of religion, speech, press, and assembly; (2) those concerned with racial discrimination; (3) cases enlarging the power of the federal government to protect civil rights against invasion by private persons; (4) war-time cases arising out of conflicts between civil l…
Civil Liberties in the Atomic Age
ured consequences is going to affect our civil liberties, and to determine what can be done to avert any serious threats. That this is not merely foolish foreboding is clear from certain unhealthy symptoms which are already discernible in our national reaction to the atomic bomb, as well as in the attitude of some of our public leaders who bear responsibility with respect to our civil liberties. A few weeks ago Congressman John E. Rankin of Missi…
Constitutional Law in 1945-46
Chief Justice Harlan F. Stone died on April 22. He was appointed Associate Justice by President Coolidge in 1925, and was elevated to the Chief Justiceship by President Roosevelt upon the retirement of Chief Justice Hughes in 1941. On June 7, President Truman nominated Fred M. Vinson, then Secretary of the Treasury, to be Chief Justice of the United States, and the Senate confirmed the nomination on June 20. Mr. Justice James C. McReynolds, who r…
Constitutional Law in 1944–45
The membership of the Supreme Court did not change during the 1944 term, but Mr. Justice Roberts resigned in July after the term had ended. Divisions in the Court were as numerous and as difficult to classify as before. Four justices dissented in twenty-seven cases, while three justices dissented in sixteen cases. The Court seems to be moving toward the old practice of the pre-Marshall period by which the justices wrote seriatim opinions. There i…
Constitutional Law in 1943–44
There were no changes in the personnel of the Court during the 1943 term. Disagreement amongst the justices mounted sharply. In seventeen cases, four justices dissented; three dissented in twenty others. Two cases overruled previous decisions of the Court, bringing to twenty-four the total list of reversals since 1937. One of the two recent reversals, that in the very important case holding the insurance business to be interstate commerce, was ef…
Kantianism and the Conception of Nature and Grace
Christianity and the Concept of Freedom
Constitutional Law in 1942–1943
On February 15, 1943, Wiley B. Rutledge, Jr., a judge of the United States Circuit Court of Appeals for the District of Columbia, took the seat on the Supreme Court vacated by the resignation in October, 1942, of Mr. Justice Byrnes. There were no other changes in the Court's personnel. Disagreement among the justices abated somewhat. In only a dozen cases of importance did either four or three justices dissent, as against some thirty cases in the…
Civil Liberty After the War
No nation has ever fought a tough war without overriding for the duration some of the civil liberties of its people. The war we are fighting is more than a tough war; it is a mortal struggle in which the life of constitutional democracy throughout the world is at stake. It presents a new kind of challenge to the vitality of American civil liberty. We know from grim experience that in the peace which follows a tough war, civil liberty faces new an…
Constitutional Law in 1941–1942
The vacancies on the Supreme Court caused by the retirement of Mr. Justice McReynolds and Chief Justice Hughes were filled by President Roosevelt during the summer of 1941. When the Court convened in October, Mr. Justice Stone, originally appointed by President Coolidge, became Chief Justice. Chief Justice White was the only other associate justice to be promoted to the Chief Justiceship. Senator James F. Byrnes of South Carolina, and Attorney Ge…
The Purge of Federal Employees Accused of Disloyalty
T HE United States government employs more than three million men and women. They are engaged in an enormous variety of tasks, many of which form part of our war effort. All would agree that the government should not employ persons who are disloyal or who seek to overthrow our system of government. In time of war these questions of loyalty take on increased practical importance and attract wide attention. For several years widely varying efforts …
IV. Civil Liberties
Before Pearl Harbor, many thoughtful persons believed that civil liberty in this country could not survive our participation in another world war. Today, civil liberty enjoys a vitality which even the optimist had hardly dared hope for. There are several reasons for this.First, since the last World War the American people have become "civil liberty conscious." That war found us totally unprepared to deal with our sudden problems affecting civil l…
The Case of the Nazi Saboteurs
At four o'clock on the morning of June 13, 1942, four men, in the fatigue uniforms of the German Marine Infantry, were landed in a rubber boat by two German sailors on the beach at Amagansett near the tip of Long Island, 125 miles east of New York City. They changed to civilian dress and then buried in the sand their uniforms and a supply of explosives, incendiaries, fuses, detonators, timing devices, and acids. They carried with them some $90,00…
Constitutional Law in 1940–1941
The membership of the Supreme Court underwent but one change during the 1940 term. Mr. Justice McReynolds retired on February 1, 1941. Chief Justice Hughes retired on June 2, 1941, after the term had closed. The vacancies thus created were both filled during the summer recess. Mr. Justice McReynolds, a Tennessee Democrat, was Attorney-General in President Wilson's first cabinet, and was appointed to the Court in 1914. He has long been rated one o…
On Government by Commission
Constitutional Law in 1936-37
The 1936 term of the Supreme Court will probably be rated a notable one. This is due both to the Court's own work, and to certain extraneous occurrences which could hardly fail to have some impact upon it. In any attempt to evaluate the work of this term, one should bear in mind the following facts: First, a month after the Court convened President Roosevelt was reëlected by one of the most impressive popular and electoral majorities in our polit…
Constitutional Law in 1927-1928
A protective tariff is constitutional. While most of us-Democratic party platforms to the contrary notwithstanding-had suspected that this was true, the Supreme Court, curiously enough, never passed on the question until its decision in Hampton v. United States. In that case the plaintiffs attacked the validity of the Tariff Act of 1922 on two grounds. In the first place, the so-called flexible tariff provision embodied in Section 315 was alleged…
Recent Experience with the Initiative and Referendum
The more intensively one tries to study the interesting phenomena of direct legislation the more humble does he become. To look closely, for example, at the two hundred and ninety-one constitutional and legislative measures which the people of thirty-two States voted upon in 1914 is to be impressed with the number and significance of the things about that remarkable election which one cannot possibly know. How superficial at best must be our insi…
Civil Liberties in the Atomic Age
ured consequences is going to affect our civil liberties, and to determine what can be done to avert any serious threats. That this is not merely foolish foreboding is clear from certain unhealthy symptoms which are already discernible in our national reaction to the atomic bomb, as well as in the attitude of some of our public leaders who bear responsibility with respect to our civil liberties. A few weeks ago Congressman John E. Rankin of Missi…
IV. Civil Liberties
Before Pearl Harbor, many thoughtful persons believed that civil liberty in this country could not survive our participation in another world war. Today, civil liberty enjoys a vitality which even the optimist had hardly dared hope for. There are several reasons for this.First, since the last World War the American people have become "civil liberty conscious." That war found us totally unprepared to deal with our sudden problems affecting civil l…
Public Law in the State Courts in 1925-1926
Validity of Procedure. In the summer of 1925 the appellate division of the supreme court of New York held that the City Home Rule Amendment of 1923 had not been legally adopted and was invalid. In the case of Browne v. City of New York the court of appeals reversed this decision and held the amendment valid. The chief ground of attack on the amendment was, it is believed, unique. It may be stated as follows: The New York constitution requires an …
Greek and Christian Views of Time
Constitutional Law in 1938–1939
The 1938 term of the Supreme Court brought substantial changes in its personnel. Mr. Justice Cardozo died on January 9, 1938. He was succeeded by Mr. Justice Frankfurter, who took office on January 30, 1939. On February 13, 1939, Mr. Justice Brandeis retired, and on April 17 Mr. Justice Douglas was appointed to fill his place. By the end of the term, therefore, four justices appointed by President Roosevelt had taken office. It is too early to ap…
Voting Organic Laws
Journal Article Voting Organic Laws Get access Robert E. Cushman Robert E. Cushman Oberlin, Ohio Search for other works by this author on: Oxford Academic Google Scholar Political Science Quarterly, Volume 28, Issue 2, June 1913, Pages 207–229, https://doi.org/10.2307/2141344 Published: 15 June 1913
Recent Experience with the Initiative and Referendum
The more intensively one tries to study the interesting phenomena of direct legislation the more humble does he become. To look closely, for example, at the two hundred and ninety-one constitutional and legislative measures which the people of thirty-two States voted upon in 1914 is to be impressed with the number and significance of the things about that remarkable election which one cannot possibly know. How superficial at best must be our insi…
Judicial Decisions on Public Law
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[Miscellaneous]
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Woman Suffrage Cases
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War Problems
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The American Party System
The American party system. By Charles E. Merriam. (New York: The Macmillan company. 436 p. $3.00) Robert E. Cushman Robert E. Cushman Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 9, Issue 3, December 1922, Pages 252–253, https://doi.org/10.2307/1895986 Published: 01 December 1922
The Economic Basis of Politics
Journal Article The economic basis of politics. By Charles A. Beard (New York: Alfred A. Knopf, 1922. 99 p. $1.50) Get access Robert E. Cushman Robert E. Cushman Search for other works by this author on: Oxford Academic Google Scholar Journal of American History, Volume 9, Issue 3, December 1922, Pages 242–243, https://doi.org/10.2307/1895980 Published: 01 December 1922
Constitutional Law in 1923–1924
No one who has followed the steady expansion of federal authority over the business of interstate carriers sanctioned by the Supreme Court in the Shreveport Case, Illinois Central R. Co. v. Public Utilities Commission, and Railroad Commission v. Chicago, B. & Q. R. Co., will view with surprise the unanimous decision of that tribunal in Dayton-Goose Creek R. Co. v. United States, sustaining the validity of the “recapture” clause of the Transportat…
Democracy and Leadership
Constitutional Law in 1924–1925
The decisions arising under the commerce clause of the Constitution during the 1924 term of the Supreme Court did not involve any striking extension of national authority in that field. There was no case approaching in significance the Recapture Clause Case decided in the previous term. However, the reinforcement of a familiar principle through a striking application of it, or the lucid and pungent expression of an old doctrine, lends some signif…
Public Law in the State Courts in 1925-1926
Validity of Procedure. In the summer of 1925 the appellate division of the supreme court of New York held that the City Home Rule Amendment of 1923 had not been legally adopted and was invalid. In the case of Browne v. City of New York the court of appeals reversed this decision and held the amendment valid. The chief ground of attack on the amendment was, it is believed, unique. It may be stated as follows: The New York constitution requires an …
Public Law in the State Courts in 1926–1927
Legislative Apportionment . The problem of the representation of large cities or metropolitan districts in state legislatures is becoming increasingly difficult and acute. The number of states in which a single center of population is with each census approaching a size which entitles it, on the basis of its inhabitants, to a controlling proportion of the representatives in the state legislature grows steadily as the current of population toward …
Constitutional Law in 1925–1926
The Supreme Court of the United States during its 1925 term seems to have taken a vacation from the solution of major constitutional problems. Its activities provided very little newspaper copy. Most of the more important decisions could have been pretty accurately forecast upon the basis of previous adjudications, while the constitutional questions raised which could be deemed in any sense novel related to more or less technical or trivial matte…
Constitutional Law in 1926-1927
The most conspicuous constitutional decision rendered by the Supreme Court during its 1926 term, or for many a preceding term, was in the case of Myers v. United States. It is here held that the power of the President to remove executive officers appointed by him with the consent of the Senate cannot be restricted by Congress. On the question of the removal of such officers the Constitution is entirely silent. It is an interesting commentary on t…
Public Law in the State Courts in 1927–1928
Special Session—Power to Propose Constitutional Amendments Not Included in Governor's Call . In 1926 a special session of the Pennsylvania legislature proposed an amendment to the state constitution in the form of a new section, although the subject-matter of this amendment was not referred to in the governor's proclamation calling the session. In a taxpayer's action to prevent the submission to the people of this proposal it was alleged that the…
Constitutional Law in 1927-1928
A protective tariff is constitutional. While most of us-Democratic party platforms to the contrary notwithstanding-had suspected that this was true, the Supreme Court, curiously enough, never passed on the question until its decision in Hampton v. United States. In that case the plaintiffs attacked the validity of the Tariff Act of 1922 on two grounds. In the first place, the so-called flexible tariff provision embodied in Section 315 was alleged…
Constitutional Law in 1928–29
“Pocket veto” is the term applied to the killing of a bill by the President by the process of retaining it without signing it when Congress adjourns before the bill has been in his hands ten days. The Constitution provides for the pocket veto by stating: “If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, u…
Constitutional Law in 1929–30
The Supreme Court continues its century-long task of drawing the line that separates commerce which is interstate or foreign from that which is local. The realistic nature of the test which it uses is made clear in two cases decided during the present term. In Superior Oil Company v. Mississippi ex rel. Knox, the plaintiffs, by a cleverly devised arrangement of technicalities, sought to make it appear that they were selling gasolene in interstate…
Constitutional Law in 1930–31
In November, 1930, Judge William Clark of the United States district court in New Jersey achieved nation-wide notoriety by a decision holding that the Eighteenth Amendment was not properly ratified and is therefore not a part of the Constitution. A prosecution had been brought against one Sprague, under an indictment charging unlawful transportation and possession of liquor in violation of the Volstead Act. This indictment Judge Clark quashed on …
Constitutional Law in 1931–32
In its decision in United States v. Smith, the Supreme Court has given final victory to President Hoover in his bitter fight with the Senate in January, 1931, over his appointments to the Federal Power Commission. On December 3, 1930, the President sent to the Senate Smith's nomination to the Federal Power Commission. On Saturday, December 20, 1930, the Senate advised and consented to the appointment and ordered the resolution of confirmation sen…
Constitutional Law in 1932–33
The Supreme Court has at last passed squarely upon the broad powers of the Federal Radio Commission over the business of broadcasting and has upheld them in a sweeping manner in the case of Federal Radio Commission v. Nelson Bros. Bond & Mortgage Co. The general authority conferred on the Commission by the act of 1927 was enlarged in 1928 by provisions directing the Commission to maintain as great equality as possible in the allocating of broadca…
Our Antiquated Judicial System
I WISH to make it very clear that I claim no originality for the major ideas which I am about to present here. The movement for judicial reform in this country is by no means new. For more than a generation, judges, publicists, bar associations, legal fraternities, and the American Judicature Society have been pretty generally in agreement upon the main principles underlying effective judicial reform. So far as I know there has never been any ser…
Constitutional Law in 1933–34
Following the repeal of the Eighteenth Amendment, the state of Ohio authorized by statute the creation of a state liquor monopoly, purchased $4,500,000 worth of liquor, and perfected plans for the retailing of it through 187 stores owned and managed by the state. In Ohio v. Helvering, the state sought an injunction to restrain the commissioner of internal revenue from collecting from the state the customary federal excise taxes upon the sale of i…
Constitutional Law in 1934–35
In the 1934 term, the Supreme Court came to grips with some of the major constitutional problems of the New Deal and rendered decisions more intimately affecting our national life than any since the Dred Scott case of 1857. The great slavery decision rocked the nation to its foundations by its futile attempt to solve a problem insoluble by any means save war. The important constitutional decisions of the Reconstruction period in their immediate c…
Political science (47 works) · Law (46 works) · Law (43 works) · American Constitutional Law and Politics (29 works) · Supreme court (27 works) · Politics (23 works) · Judicial and Constitutional Studies (22 works) · Legal and Constitutional Studies (21 works) · Computer Science (15 works) · Philosophy (13 works)