Missouri Pacific Ry. Co. v. Kansas, 248 U.S. 276 (1919)
U.S. Supreme CourtMissouri Pacific Ry. Co. v. Kansas, 248 U.S. 276 (1919)
Missouri Pacific Railway Company v. Kansas
Submitted November 13, 1918
Decided January 7, 1919
248 U.S. 276
The provision of the Constitution requiring a vote of two-thirds of each house to pass a bill over a veto (Art. I, 7, cl. 2), means two thirds of a quorum of each house (i.e., of a majority of its members, Art. I, § 5), not two-thirds of all the members of the body. P. 248 U. S. 280.
This conclusion results from the context, proceedings in the Convention, and the early and consistent practice of Congress, especially under the similar provision made for submitting constitutional amendments. It is further confirmed by the practice of the states before and since the adoption of the Constitution. Id.
Webb-Kenyon Liquor Act sustained.
96 Kan. 609 affirmed.
The case is stated in the opinion.