Jonah Patel
The US Constitution requires supermajority votes for certain significant actions. Supermajority votes are typically used for important matters to ensure that these decisions have strong support. In the US Congress, a supermajority vote is required for several major legislative actions, including impeaching the president, declaring a president incapable of serving, and amending the Constitution. Ratifying treaties, ending a filibuster, and overriding a presidential veto also require supermajority votes.
| Characteristics | Values |
|---|---|
| Impeaching the president | Three-fifths (60%) |
| Declaring a president incapable of serving under the 25th Amendment | Two-thirds (67%) |
| Amending the Constitution | Two-thirds (67%) |
| Ratifying an Amendment | Three-quarters (75%) |
| Ratifying a Treaty | Two-thirds (67%) |
| Postponing a Treaty | Two-thirds (67%) |
| Repatriating Rebels | Two-thirds (67%) |
| Ending a Filibuster | Three-fifths (60%) |
| Overriding a Presidential Veto | Two-thirds (67%) |
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What You'll Learn
Impeaching the president
A supermajority vote is a unique voting requirement in which a proposal or motion must receive more than a simple majority (50% + 1) of votes to pass. The percentage required for a supermajority vote can vary, but common thresholds include a three-fifths majority (60%), a two-thirds majority (66.67%), or a three-quarters majority (75%).
In the U.S. Congress, several major legislative actions require a supermajority vote, including impeaching the president. The impeachment process may be requested by non-members, such as a special prosecutor, the president, a state or territorial legislature, a grand jury, or by petition. An impeachment proceeding formally begins with a resolution adopted by the full House of Representatives. A resolution impeaching a particular individual is typically referred to as the House Committee on the Judiciary. The House of Representatives charges an official of the federal government by approving, by simple majority vote, articles of impeachment. The president, vice president, and all civil officers of the United States are subject to impeachment.
Following the House of Representatives, the Senate enters the impeachment process. The Constitution requires a two-thirds supermajority to convict a person being impeached. The Senate enters a judgment on its decision, whether 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. The Senate has used disqualification sparingly, as only three individuals have been disqualified from holding future office.
The impeachment process is not punitive in nature, and the remedy is limited to removal from office. Because the conviction is not a punishment, the president of the United States is constitutionally prevented from granting a pardon to impeached and convicted persons that would protect them from the consequences of an impeachment trial. However, the removed official may still be liable to criminal prosecution under a subsequent criminal proceeding.
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Removing a president under the 25th Amendment
The US Constitution requires supermajority votes for several significant actions, including impeaching the president, declaring a president incapable of serving under the 25th Amendment, and amending the Constitution.
The 25th Amendment of the US Constitution addresses presidential succession and disability. It outlines a process for removing a sitting president and replacing them with the vice president. This amendment came into effect in 1967, after being passed by Congress in 1965.
The process for removing a president under the 25th Amendment involves several steps:
- Initiation: The 25th Amendment can be invoked when the vice president and a majority of the principal officers of the executive departments declare that the president is unable to discharge their powers and duties. This declaration must be made in writing to the President pro tempore of the Senate and the Speaker of the House of Representatives.
- Acting Presidency: Upon receiving the written declaration, the vice president immediately assumes the powers and duties of the presidency as Acting President.
- Congressional Decision: Within 21 days of receiving the declaration, or within 21 days of assembling if Congress is not in session, both Houses of Congress must vote on the issue. A two-thirds supermajority vote in both Houses is required to determine that the president is indeed unable to serve. If this supermajority threshold is not met, the president resumes their powers and duties.
- Continuation of Acting Presidency: If a supermajority in both Houses of Congress agrees that the president is unable to serve, the vice president continues as Acting President.
It is important to note that the 25th Amendment has never been used to remove a sitting president. There have been discussions and considerations, such as in the case of President Donald Trump after the January 6 Capitol attack, but it has not been invoked for removal.
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Ratifying a treaty
The process of ratifying a treaty typically involves the Executive Branch, led by the President, and the Senate. While the President is responsible for negotiating and signing treaties, the Senate must provide its advice and consent, which requires a supermajority vote of two-thirds of the Senators present. This process ensures that treaties have strong support and are carefully considered before becoming binding on the nation.
The role of the President in treaty-making is significant. The President has the authority to negotiate and sign treaties on behalf of the United States, expressing the nation's commitment to uphold the treaty's obligations. However, it's important to note that the President's power to ratify treaties is not unlimited. In some cases, the President may decline to ratify a treaty even after it has received the Senate's advice and consent. Additionally, the President's role can vary depending on the type of treaty. For example, arms control agreements and trade agreements may have different procedures and requirements for ratification.
The Senate plays a crucial role in providing advice and consent for the ratification of treaties. According to Article II, Section 2 of the US Constitution, the Senate must pass a resolution with a supermajority vote of two-thirds to advise and consent to a treaty. This process ensures that treaties are thoroughly reviewed and have the support of a substantial majority in the Senate. The Senate may also choose to postpone its consideration of a treaty indefinitely by passing a motion with a two-thirds supermajority vote.
The requirement of a supermajority vote for ratifying treaties serves several important purposes. Firstly, it ensures that treaties have broad support and are not ratified hasty or without careful consideration. Secondly, it protects the interests of minorities by preventing a simple majority from making decisions that could erode the rights of minority groups. Finally, it aligns with the Founding Fathers' recognition of the need for supermajority votes in certain significant cases, as noted by James Madison in Federalist No. 58.
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Overriding a presidential veto
The US Constitution gives the president the power to veto, or block, a bill passed by Congress. However, Congress can override this veto if two-thirds of both chambers vote in favour of the bill. This is an example of a supermajority vote, where more than a simple majority (over 50%) is required for a proposal to pass.
The veto process begins when a bill that has been passed by both houses of Congress is presented to the president. If the president does not approve of the bill, they have the option to veto it by returning it unsigned, along with their objections, to the house of Congress in which it originated, within ten days, excluding Sundays. Congress is then required to reconsider the bill, taking the president's objections into account. If, after this reconsideration, two-thirds of the House agree to pass the bill, it is sent to the other house, where it is also reconsidered. If two-thirds of this house also approve, the bill becomes a law, without the president's signature.
Historically, Congress has overridden only about 7% of presidential vetoes. If Congress fails to override the veto, the bill and veto become legally irrelevant. On the other hand, if Congress successfully overrides the veto, the veto message is not considered during the subsequent implementation or judicial interpretation of the law.
It is important to note that if the president uses a pocket veto, where Congress adjourns before the ten-day period during which the president could have signed the bill, then Congress cannot override the veto. In this case, the bill fails to become law, and the legislature must reintroduce and enact the bill for it to pass.
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Ending a filibuster
In the US Congress, several legislative actions require a supermajority vote. This includes actions such as impeaching the president, declaring a president incapable of serving, and amending the Constitution. The US Constitution requires supermajorities for certain significant actions.
A filibuster is a tactic used in the US Senate to delay or block a vote on a measure by preventing debate on it from ending. The Senate's rules place few restrictions on debate. Senators are entitled to speak for as long as they wish if no other senator is speaking. The mere threat of a filibuster can prevent the passing of almost any measure that has less than three-fifths agreement in the Senate.
To end a filibuster, the Senate can invoke "cloture" to end extended debate or a "filibuster" on a measure. This requires a three-fifths supermajority vote (60 votes). The Senate adopted a rule to allow a two-thirds majority to end a filibuster, a procedure known as "cloture". In 1975, the number of votes required for cloture was reduced to three-fifths. In 2013 and 2017, the Senate used the nuclear option to reduce the threshold for cloture on nominations to a simple majority.
The filibuster has been criticised for undermining the Senate and its reputation as a consensus-building chamber. Former President Barack Obama called the filibuster a "Jim Crow relic", arguing that it should be eliminated if used to block voting reforms. In 2021, President Joe Biden expressed support for reforming or abolishing the filibuster.
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