Malcolm Rivera
A supermajority is a requirement for a proposal to gain a specified level of support greater than a simple majority. In the US, the Constitution requires a supermajority for several significant actions. For instance, a two-thirds supermajority of votes in each body of Congress is required to propose a constitutional amendment, and a three-quarters supermajority of state legislatures is required for the final adoption of any constitutional amendment. A two-thirds supermajority is also required to pass a bill over the president's veto. In the Senate, a three-fifths supermajority is required to end a filibuster.
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What You'll Learn
Ratifying a treaty
A supermajority is a requirement for a proposal to gain a specified level of support that is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help prevent a majority from eroding the fundamental rights of a minority.
The process of ratifying a treaty is an important aspect of international relations and can have significant implications for a country's foreign policy and domestic affairs. Treaties may cover a wide range of issues, including trade, security, environmental protection, and human rights.
The requirement for a supermajority to ratify treaties is intended to ensure that such agreements have strong support and are not easily overturned. It also provides a safeguard against potential abuses of power, as a simple majority cannot unilaterally ratify treaties without the support of a substantial portion of the Senate.
The two-thirds supermajority requirement for ratifying treaties is a common provision in many democratic systems of government. It is intended to balance the need for efficient decision-making with the protection of minority rights and the encouragement of deliberation and compromise.
In some cases, the process of ratifying a treaty may also involve additional steps, such as approval by a country's legislative body or a popular vote, depending on the specific requirements and procedures of the country in question. These additional steps can provide further checks and balances to the treaty ratification process, ensuring that it is thoroughly considered and supported by the necessary stakeholders.
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Impeaching the president
A supermajority is a requirement for a proposal to gain a specified level of support, which is greater than the threshold of one-half used for a simple majority. In the United States, the Constitution requires supermajorities for certain significant actions. One such action is impeaching the president.
The United States Constitution provides that the House of Representatives "shall have the sole Power of Impeachment" (Article I, section 2). The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist. The type of impeachment resolution determines the committee to which it is referred. A resolution impeaching a particular individual is typically referred to the House Committee on the Judiciary. The impeachment resolution may first pass through a House committee before the full House votes on it.
The Senate holds an impeachment trial. In the case of a president, the U.S. Supreme Court chief justice presides. The Senate usually deliberates in private. The Constitution requires a two-thirds supermajority to convict a person being impeached. Upon conviction in the Senate, the official is automatically removed from office and may, by a separate vote, also be barred from holding future office. However, conviction does not extend to further punishment, for example, loss of pension.
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Amending the constitution
The first method is to gain a two-thirds supermajority vote of each body of the United States Congress. This means that a two-thirds majority of both the House of Representatives and the Senate must be in favour of the amendment. The Senate is the upper chamber of Congress, and the House of Representatives is the lower chamber. The second method is to call a Constitutional Convention, which requires a two-thirds supermajority of state legislatures (33 states) to vote in favour of requesting an amendment.
The type of supermajority required is important. A two-thirds majority can be either simple or absolute. A simple two-thirds majority means that the number of votes for a proposition must be twice the number against it. An absolute two-thirds majority means that two-thirds of the entire membership of a body must agree to the proposition. This is a much stronger requirement.
In addition to the US, some other countries and organisations also use supermajority rules. For example, in 2006, Montenegro's independence referendum required a 55% supermajority of votes in favour of independence. The United Nations Security Council also operates under supermajority rules, where a veto by any one of the five permanent members (China, France, the Russian Federation, the United Kingdom, and the United States) cannot be overridden.
Within the US, supermajority rules are also applied at the state level. Many states require a supermajority for the passage of a constitutional amendment. For example, Colorado's constitution requires a 55% majority to pass new constitutional amendments, and Michigan allows the legislature to propose an amendment that must then be ratified by voters at the next general election.
Supermajority rules are also used in corporate governance to protect shareholders' interests and ensure significant decisions have strong support. For example, the Delaware General Corporation Law allows corporations to establish their own supermajority requirements, which can exceed the default two-thirds threshold.
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Removing an impeached official from office
A supermajority is a requirement for a proposal to gain a specified level of support, which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help prevent the majority from eroding the fundamental rights of a minority. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature.
In the United States, impeachment is the process by which a legislature may bring charges against an officeholder for misconduct alleged to have been committed with a penalty of removal. The federal House of Representatives can impeach a party with a simple majority of the House members present. This triggers a federal impeachment trial in the United States Senate, which can vote by a two-thirds supermajority to convict an official, removing them from office. The Senate can also further, with just a simple-majority vote, vote to bar an individual convicted in a senate impeachment trial from holding future federal office.
The two stages constitutionally required for removal are impeachment by the House of Representatives and trial by the United States Senate. First, the House investigates through an impeachment inquiry. Second, the House of Representatives must pass, by a simple majority of those present and voting, articles of impeachment, which constitute the formal allegation or allegations. Upon passage, the defendant has been "impeached". Third, the Senate tries the accused. In the case of the impeachment of a president, the chief justice of the United States presides over the proceedings. For the impeachment of any other official, the Constitution is silent on who shall preside, suggesting that this role falls to the Senate's usual presiding officer, the president of the Senate, who is also the vice president of the United States. Conviction in the Senate requires the concurrence of a two-thirds supermajority of those present.
The proceedings take the form of a trial, with the Senate having the right to call witnesses and each side having the right to perform cross-examinations. The House members, who are given the collective title of managers during the trial, present the prosecution case, and the impeached official has the right to mount a defence with their own attorneys. Senators must also take an oath or affirmation that they will perform their duties honestly and with due diligence. After hearing the charges, the Senate usually deliberates in private. The Constitution requires a two-thirds supermajority to convict a person being impeached. The Senate enters judgment on its decision, whether that be to convict or acquit, and a copy of the judgment is filed with the Secretary of State. Upon conviction in the Senate, the official is automatically removed from office and may by a separate vote also be barred from holding future office.
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Ending a filibuster
A supermajority is a requirement for a proposal to gain a specified level of support, which is greater than the threshold of one-half used for a simple majority. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support. The US Constitution requires supermajorities for certain significant actions. Amendments to the US Constitution may be proposed with a two-thirds supermajority vote of each body of the US Congress. Once proposed, the amendment must be ratified by three-quarters of the states.
A filibuster is a procedure by which a Senator delays a vote on a bill, and by extension, its passage, by refusing to stop talking. In the US, a filibuster can be ended by invoking cloture, which closes debate on a bill or nomination, thus ending a filibuster by a minority of members. This requires a supermajority of three-fifths, or 60 senators.
The US Senate is the only body that can pass a motion to invoke cloture, ending extended debate or a filibuster on a measure. On November 21, 2013, the Senate voted to require a simple majority vote of 51 senators to pass cloture motions ending filibusters on presidential nominations for Cabinet secretary posts and lower federal court judgeships only.
In current practice, the mere threat of a filibuster prevents passing almost any measure that has less than three-fifths agreement in the Senate.
While a supermajority vote can technically be specified as any fraction or percentage greater than one-half (50%), commonly used supermajorities include three-fifths (60%), two-thirds (67%), and three-quarters (75%).
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Frequently asked questions
A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority.
The US Constitution requires a supermajority for several significant actions. Amendments to the Constitution may be proposed with a two-thirds supermajority vote of each body of the US Congress. A three-quarters supermajority of state legislatures is required for the final adoption of any constitutional amendment. A two-thirds supermajority is also necessary to pass a bill over the president's veto.
In parliamentary procedure, a supermajority is a majority of the entire membership based on the total number of voting members. In corporate governance, a supermajority is required for decisions that alter a corporation's structure or strategy, such as mergers, acquisitions, or amendments to the corporate charter. A supermajority is also required to end a filibuster in the US Senate.
