Understanding The Constitution's Super-Majority Rule

The process of amending the US Constitution requires a supermajority, or a three-fourths majority, of state ratification. Amendments to the Constitution may be proposed in one of two ways: a two-thirds supermajority vote of each body of the United States Congress or a convention called by Congress on application of two-thirds of the states. Once proposed, the amendment must be ratified by three-quarters of the states, either through state legislatures or ratification conventions, whichever is chosen by Congress. This strict amendment process has allowed for significant constitutional changes over the nation's history, including the Bill of Rights and amendments concerning income tax and the right to vote for women and 18-year-olds.

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Amendments to the Constitution

The process of amending the US Constitution is outlined in Article V of the US Constitution. Amendments to the Constitution require a supermajority vote, which is any fraction greater than one-half (50%) but is usually three-quarters (75%).

Congress has only specified the second mode of amendment once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition. The Eighteenth Amendment prohibited the manufacture, sale, and transportation of intoxicating liquors within the United States.

Since the founding of the nation, Congress has proposed 33 constitutional amendments using Article V's procedures, 27 of which have been ratified by the states. Notable amendments include the Bill of Rights, Amendments concerning income tax, the direct election of senators, the two-term presidency, and the right to vote for women and 18-year-olds.

Some commentators have argued that the amendment process is not too strict and has not excessively impeded constitutional change. However, others have pointed out that the Supreme Court often intervenes before a consensus can emerge, preventing amendments from being enacted.

Ratification by Legislatures

The process of amending the Constitution is outlined in Article V of the US Constitution. The process requires a proposal for an amendment to be passed by a two-thirds majority vote in both the Senate and the House of Representatives, or by a constitutional convention. This proposal is then sent to the states for ratification.

The process of "Ratification by Legislatures" involves the proposal being sent to the state legislatures for their consideration. The state legislatures then vote on the proposed amendment, and it is ratified once three-fourths (38 out of 50) of the state legislatures have approved it. This process ensures that amendments to the Constitution are supported by a broad consensus and are not strongly opposed by a substantial minority of the country.

The "Ratification by Legislatures" process is one of two methods of ratification specified in Article V, with the other being "Ratification by Conventions." Congress determines which method the states must follow for a proposed amendment to become effective. The "Ratification by Conventions" method has only been specified once, for the Twenty-First Amendment, which repealed the Eighteenth Amendment establishing Prohibition.

The process of amending the Constitution is deliberately designed to be strict and requires a significant level of consensus. This strictness is intended to prevent amendments that are strongly opposed by a substantial minority of the country from being enacted, which could undermine support for the Constitution. While this process has allowed for significant constitutional changes, it has also been criticised for being too slow to respond to the will of the people, with the Supreme Court sometimes intervening to interpret the Constitution before an amendment can be passed.

The "Ratification by Legislatures" process is a key part of the constitutional amendment process in the United States, providing a mechanism for states to consider and approve proposed amendments to the Constitution. This process ensures that any changes to the Constitution reflect the consensus of a supermajority of state legislatures, helping to maintain the stability and legitimacy of the Constitution.

Ratification by Conventions

> The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress.

The Congress determines which method the states must follow for proposed amendments to become effective. The first method of ratification requires three-fourths of the state legislatures to ratify an amendment to the Constitution. The second method, Ratification by Conventions, allows Congress to require that three-fourths of state ratifying conventions approve a proposed amendment.

The United States Supreme Court has ruled that a popular referendum cannot substitute for either the legislature or a ratifying convention. The theory is that the delegates of the conventions, who are average citizens, might be less likely to bow to political pressure to accept or reject a given amendment than would be the case with state legislators.

The only amendment that has been ratified through the Ratification by Conventions method thus far is the 21st Amendment in 1933. This amendment repealed the 18th Amendment, which had been ratified 14 years earlier.

In New Mexico, the governor has 10 days to call a convention. The convention is not elected but is formed by all members of the New Mexico Legislature. In Vermont, the governor has 60 days to call for the election of delegates to the state ratifying convention. The state convention has 14 members, as many as counties in Vermont.

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Removal from office

The process of removing an impeached official from office requires a three-fourths margin, also known as a supermajority. This process is outlined in the Constitution of the United States, which specifies that a two-thirds supermajority vote in the Senate is required for the removal of an impeached official.

The removal process begins with impeachment by the House of Representatives, which only requires one-third of the Representatives to sign a petition or submit a resolution of impeachment. Once a public official has been impeached, they can then be tried by the Senate, where a two-thirds supermajority vote is required for conviction and removal from office.

Throughout history, there have been several notable instances where presidents were impeached but not removed from office due to falling short of the required two-thirds supermajority vote in the Senate. For example, in 1842, the House failed to impeach President John Tyler. Similarly, in 1868, the Senate fell one vote short of removing President Andrew Johnson after his impeachment. More recently, in 1999, efforts to remove President Bill Clinton following his impeachment in 1998 fell short of the required supermajority, falling 17 votes short.

The impeachment process is a significant aspect of the constitutional system of checks and balances, ensuring that elected officials are held accountable for their actions. While the two-thirds supermajority requirement makes it challenging to remove an impeached official from office, it also helps prevent hasty or politically motivated removals and protects the stability of the executive branch.

Treaties

The Treaty Clause outlines the process of making treaties, which involves the President and the Senate. The President independently negotiates and signs treaties and then presents the proposed treaty to the Senate for its approval or disapproval. The Senate does not ratify treaties but instead considers them and approves a resolution of ratification. If the resolution passes, then ratification takes place when the instruments of ratification are formally exchanged between the United States and the foreign power(s).

There are alternatives to formal treaties, such as congressional-executive agreements and executive agreements. Congressional-executive agreements require simple majorities in both the Senate and the House of Representatives, followed by the signature of the President. Executive agreements are entered into unilaterally by the President pursuant to constitutional executive powers.

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