Legal Opinion

Missouri Pacific Railway Co. v. Kansas

Supreme Court of the United States

Decided January 7, 1919No. 14PublishedCited by 34 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP KANSAS. TpE case is stated in the opinion. In view of the nature of the veto power and the ex-traqrdinary importance which must be attached to the function of the President in exercising it, it may well be assumed that the framers of the Constitution meant that a veto should challenge the attention of the members of the Congress and bring about a full and careful reconsideration of the matter affected; and, on the face of it, it…

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ERROR TO THE SUPREME COURT OP THE STATE OP KANSAS. TpE case is stated in the opinion. In view of the nature of the veto power and the ex-traqrdinary importance which must be attached to the function of the President in exercising it, it may well be assumed that the framers of the Constitution meant that a veto should challenge the attention of the members of the Congress and bring about a full and careful reconsideration of the matter affected; and, on the face of it, it would seem that a considerably larger proportion of the members should be required to reenact a measure when so condeipned…

1Opinion of the CourtChief Justice White

To avoid penalties sought to be imposed upon it for illegally carrying intoxicating liquors from another State into Kansas, the defendant railroad, plaintiff in error, asserted as follows: (1) That the state law was void as an attempt by the State to regulate commerce and thus usurp the authority alone possessed by Congress; (2) that if such result was sought to be avoided because of power seemingly conferred upon the State by the Act of Congress known as the Webb-Kenyon Law (Act of March 1, 1913, c. 90; 37 Stat. 699), such act was yoid for repugnancy to the Constitution of the United States…

2Cases cited3 opinions

  1. Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
  2. Clark Distilling Co. v. Western Maryland Railway Co.Supreme Court of the United States · 1917
  3. Farmers Union Warehouse Co. v. McIntoshAlabama Court of Appeals · 1911

3Cited by34 opinions

  1. Smiley v. HolmSupreme Court of the United States · 1932
  2. The Pocket Veto CaseSupreme Court of the United States · 1929
  3. National Prohibition CasesSupreme Court of the United States · 1920
  4. Federal Trade Commission v. Flotill Products, Inc.Supreme Court of the United States · 1967
  5. In Re Sealed Case (Three Cases)Court of Appeals for the D.C. Circuit · 1988

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