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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"

[10] When New York made its senate a
supreme court of appeal, it was in deliberate imitation of the House
of Lords. On the other hand, the House of Representatives answered to
the House of Commons as it used to be in the days when its power was
really limited by that of the upper house and the king. At the present
day the English of Commons is a supreme body. In case of a serious
difference with the House of Lords, the upper house must yield, or
else new peers will be created in sufficient number to reverse its
vote; and the lords always yield before this point is reached. So,
too, though the veto power of the sovereign has never been explicitly
abolished, it has not been exercised since 1707, and would not now be
tolerated for a moment. In America there is no such supreme body. The
bill passed by the lower house may be thrown out by the upper house,
or if it passes both it may be vetoed by the governor; and unless the
bill can again pass both houses by more than a simple majority, the
veto will stand. In most of the states a two-thirds vote in the
affirmative is required.
[Footnote 10: See my _Critical Period of American History_, p.


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