Missouri Pacific Railway Co. v. Kansas
Headline: Court rejects railroad’s challenge and affirms that overriding a presidential veto requires two-thirds of members present, keeping long-standing congressional practice and leaving federal alcohol-transport rules enforceable.
Holding: The Court held that Congress validly enacted the federal law because a presidential-veto override requires two-thirds of members present (a quorum), so the interstate alcohol restriction remains a lawful statute.
- Leaves federal alcohol-transport restrictions enforceable against carriers.
- Confirms veto overrides need two-thirds of members present.
- Preserves longstanding congressional voting practice for vetoed bills.
Summary
Background
A railroad faced penalties from Kansas for carrying intoxicating liquor into the State. The railroad argued three things: that the state law improperly regulated interstate commerce; that the federal law relied on to allow the state rule (the Webb-Kenyon measure) was unconstitutional; and finally that the Webb-Kenyon law was never properly enacted because, after a presidential veto, the Senate’s vote was two-thirds of those present rather than two-thirds of all elected Senators. The Court noted earlier rulings resolved the commerce and constitution questions, leaving only the voting-count issue for decision.
Reasoning
The Court examined the constitutional clause about returning vetoed bills and whether the phrase “that house” means two-thirds of all members or two-thirds of members present when a quorum exists. It relied on historical practice dating to the First Congress, comparisons with state constitutions, and consistent action in both Houses showing the rule has been applied as two-thirds of a quorum. The opinion quoted early records, the Speaker’s long-standing explanation, and state-court decisions to show the provision was always treated as applying to the legislative body as organized with a quorum. The Court therefore rejected the railroad’s technical argument about the vote count.
Real world impact
The decision means the federal law at issue remains valid and enforceable, so penalties for transporting alcohol into Kansas can stand. More broadly, it confirms that Congress may override a presidential veto by two-thirds of those present when a quorum is met, preserving settled congressional voting practice and the validity of laws enacted under that practice.
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