Malcolm Rivera
The concept of a supermajority in a democracy is to prevent the majority from eroding the fundamental rights of a minority. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support. The US Constitution, for example, requires a supermajority two-thirds majority in both houses of Congress to propose a constitutional amendment, impeach the president, or override a presidential veto. The Indian Constitution requires a supermajority of two-thirds of members present and voting in each house of the Indian Parliament to amend the constitution. The Australian Constitution requires a double majority to pass an amendment, with a majority of those voting nationwide and separate majorities in a majority of states.
| Characteristics | Values |
|---|---|
| Removal from office | Requires a two-thirds supermajority of the Senate |
| Impeachment | Requires a 2/3 supermajority vote of the members present in the Senate |
| Expelling a member of Congress | Requires a 2/3 supermajority vote in either the House or the Senate |
| Overriding a veto | Requires a 2/3 supermajority vote in both the House and the Senate |
| Amending the Constitution | Requires a 2/3 majority of those members present and voting in both the House and the Senate |
| Ending a filibuster | Requires a 3/5 supermajority vote (60 votes) in the Senate |
| Constitutional amendments | Requires a two-thirds majority in the Jatiya Sangsad |
| Amendments to the Australian Constitution | Requires a "double majority" and a "triple majority" in some circumstances |
| Amendments to the Finnish Constitution | Requires a 2/3 majority in the Parliament of Finland |
| Amendments to the Indian Constitution | Requires a supermajority of two-thirds of members present and voting in each house of the Indian Parliament |
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What You'll Learn
Impeachment and removal from office
The US Constitution gives Congress the power to impeach federal officials. Impeachment is the process of bringing charges against a government official for wrongdoing. The House of Representatives brings articles (charges) of impeachment against an official and must pass them with a simple majority of those present and voting. Once the articles are adopted, the official has been impeached.
The Senate then tries the accused. In the case of the impeachment of a president, the chief justice of the US presides over the proceedings. For the impeachment of any other official, the presiding officer is the president of the Senate, who is also the vice president of the US.
Conviction in the Senate requires a two-thirds supermajority of those present. If convicted, the official is removed from office. There may also be a separate vote to bar the individual from holding future federal office, which requires only a simple majority.
It's important to note that impeachment proceedings are remedial rather than punitive in nature, and the remedy is limited to removal from office. Because the process is not punitive, a party may also be subject to criminal or civil trial, prosecution, and conviction under the law after removal from office.
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Overriding a presidential veto
The US Constitution grants the President the authority to veto legislation passed by Congress. This is one of the most powerful tools available to the President to prevent the passage of legislation. The President has 10 days (excluding Sundays) to act on the legislation; otherwise, it automatically becomes law.
There are two types of vetoes: the "regular veto" and the "pocket veto". In the case of a regular veto, the President returns the unsigned legislation to the originating house of Congress within 10 days, usually with a memorandum of disapproval or a "veto message". Congress can override the President's decision if it musters a two-thirds vote of each house.
The pocket veto is an absolute veto that cannot be overridden. It comes into effect when the President fails to sign a bill after Congress has adjourned and is unable to override the veto. The authority of the pocket veto is derived from Article I, Section 7 of the Constitution, which states, "the Congress by their adjournment prevent its return, in which case, it shall not be law."
Historically, Congress has overridden about 7% of presidential vetoes. The first presidential veto override occurred during the presidency of John Tyler, on March 3, 1845. The bill in question prohibited the President from authorising the building of Revenue Marine Service (Coast Guard) ships without approved appropriations from Congress. The House voted 126-31 in favour of an override, nullifying Tyler's veto.
Some of the least successful presidents with vetoes were Andrew Johnson and Franklin Pierce. Johnson used 29 vetoes in four years, 15 of which were overridden. Pierce saw five of his nine vetoes overridden by Congress. During his eight years in office, President Barack Obama issued 12 vetoes, with only one overridden.
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Amending the constitution
The requirement for a supermajority vote serves as a safeguard, ensuring that amendments to the foundational document of a nation receive broad support. This requirement also helps to protect the rights of minorities by preventing a simple majority from making changes that could infringe upon their rights.
In other countries, such as Finland, a supermajority is also required to amend the constitution. In Finland, a legislative proposal that seeks to modify, add, or remove any part of the constitution must be approved by at least 134 out of 200 representatives in Parliament, which equates to a two-thirds majority.
Australia has a unique process for amending its Constitution, requiring what is known as a "double majority." This entails achieving a majority of votes nationwide, along with separate majorities in a majority of states (at least 4 out of 6 states). In certain situations, a "triple majority" is needed, which includes a majority of voters in a specific state if that state is affected by the referendum.
The process of amending a constitution varies across different nations, each with its own set of requirements and complexities. However, the common thread among them is the recognition of the importance of constitutional amendments, which are typically subject to higher voting thresholds than regular legislation.
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Suspending rules of debate and voting
The United States Constitution requires a supermajority of two-thirds of both houses of the United States Congress to suspend the rules of debate and voting. This means that 290 out of 435 votes in the House of Representatives are required to temporarily suspend the rules.
The rules of debate and voting in the House and Senate can be suspended by a two-thirds supermajority vote of the members present. This procedure is frequently used by the House of Representatives to debate and pass measures on the floor. A member can make a motion to suspend the rules only if the Speaker of the House allows them to. Once a member moves to "suspend the rules" and take some action, debate is limited to 40 minutes, no amendments can be offered to the motion or the underlying matter, and a two-thirds majority of members present and voting is required to agree to the motion. Under the rules of the 119th Congress, motions for suspension of the rules are currently allowed only on Mondays, Tuesdays, and Wednesdays.
In the United States Senate, Rule XVI prohibits amendments that propose general legislation to appropriations legislation. To prevent a point of order from killing the amendment, a senator may offer a motion to suspend Rule XVI, paragraph 4, making the order germane. This motion also requires a two-thirds majority to approve, meaning that it rarely passes.
In the US, several major legislative actions require a supermajority vote, including impeaching the president, declaring a president incapable of serving under the 25th Amendment, and amending the Constitution.
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Ending a filibuster
The US Constitution requires a two-thirds supermajority of both houses of the US Congress to propose a Congress-driven constitutional amendment. It also requires a three-quarters supermajority of state legislatures for the final adoption of any constitutional amendment. Additionally, a two-thirds supermajority is needed to pass a bill over the president's veto.
In the Senate, a filibuster is a procedure used to delay or block a vote on a piece of legislation or confirmation. Senators can filibuster by speaking indefinitely on a topic or motion to delay or prevent a vote. Traditionally, the Senate filibuster was reserved for only the most controversial issues, but its use has escalated in recent years, slowing down the legislative process.
To end a filibuster, the Senate can invoke cloture, which requires a three-fifths supermajority vote (60 out of 100 senators) to end debate and move to a vote. This rule was adopted in 1917, requiring a two-thirds majority, but the number of votes needed was reduced in 1975.
There are some exceptions to the filibuster rule. For instance, in 2013, Democrats changed the rules to enable confirmation of executive branch positions and non-Supreme Court judicial nominees with a simple majority. In 2017, Senate Republicans expanded this change to include Supreme Court appointments.
Critics of the modern filibuster argue that it undermines the Senate's effectiveness as a governing body and its reputation for consensus-building. They also contend that it can be abused to block important legislation, such as civil rights bills, and that it magnifies problems of representation in the Senate.
Some have called for eliminating the filibuster, while others propose reforms such as setting new precedents, changing the rule itself, or placing restrictions on its use. However, making changes to the filibuster rule in the Senate would be challenging due to complicated dynamics within the chamber.
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Frequently asked questions
The US Constitution requires a 2/3 supermajority to propose a constitutional amendment, impeach the president, declare a president incapable of serving, override a presidential veto, expel a member of Congress, and suspend the rules of debate and voting in the House and Senate.
A supermajority is a requirement for a proposal to gain a level of support greater than a simple majority threshold of one-half. Supermajority rules in a democracy can help to prevent the majority from eroding the fundamental rights of a minority.
The first recorded use of supermajority rules took place in ancient Rome during the 100s BCE, where two-thirds of jurors had to confirm they were ready to take a decision before the matter went to a simple majority vote. Pope Alexander III also introduced the use of supermajority rules for papal elections in 1179.
Article 368 of the Indian Constitution requires a supermajority of two-thirds of members present and voting in each house of the Indian Parliament to amend the Constitution. In Canada, most constitutional amendments require identical resolutions to be adopted by the House of Commons, the Senate, and two-thirds or more of the provincial legislative assemblies representing at least 50% of the national population.
