Amending The Constitution: The Super-Majority Rule

A supermajority vote is a requirement for a proposal to gain a specified level or type of support that exceeds a simple majority in order to take effect. In the context of constitutional amendments, several countries require a supermajority vote for their approval. For instance, the United States Constitution mandates a supermajority of two-thirds of both houses of Congress to propose a constitutional amendment, and a three-quarters supermajority of state legislatures for its final adoption. Similarly, 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. In Australia, a referendum must achieve a triple majority, with a majority of voters nationwide and separate majorities in a majority of states, for an amendment to the Australian Constitution to be passed.

Explore related products

American Constitutional Law, Volume II: The Bill of Rights and Subsequent Amendments

$103.47 $150

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

Amendment XIV: Due Process (Constitutional Amendments)

$26.54

The Democracy Amendments: Constitutional Reforms to Save the United States

$12.92 $24.18

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The People’s Constitution: 200 Years, 27 Amendments, and the Promise of a More Perfect Union

$18.34 $45

Removing a President from office

The process of removing a President from office is called impeachment. The Constitution gives Congress the authority to impeach and remove the President. The House of Representatives has the sole power of impeachment, while the Senate has the sole responsibility to try impeachments. The sanctions for an impeached and convicted individual are limited to removal from office and potentially being barred from holding future office. However, impeachment does not preclude criminal liability.

Impeachment by the House is the first step in the removal process, requiring one-third of Representatives to sign a petition. The second step is the trial, which is the responsibility of the Senate. A two-thirds supermajority vote of both the House and Senate is required to remove an impeached official from office.

In addition to impeachment, the 25th Amendment outlines another process for removing the President from office. According to this amendment, if the Vice President and the President's Cabinet declare that the President is unable to serve and the President contests the removal, Congress can vote to remove the President. This removal also requires a two-thirds supermajority vote of both the House and the Senate.

Ratifying a treaty

The Treaty Clause of the United States Constitution outlines the procedure for ratifying international agreements. It empowers the President as the primary negotiator of agreements between the US and other countries. The President submits the treaty to the Senate for its approval or disapproval. The Senate provides its advice and consent, and a two-thirds supermajority vote of the Senate is required for the treaty to be binding with the force of federal law. This process is outlined in Article II, Section 2, Clause 2 of the US Constitution, which states that the President "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur".

Once the Senate gives its advice and consent, the process shifts back to the Executive Branch. The President then ratifies or makes the treaty by signing an instrument of ratification and arranging for the deposit or exchange of the instrument with the foreign power(s). The treaty then becomes part of international law and federal legislation, forming part of what the Constitution calls "the supreme Law of the Land".

It is important to note that the role of the Senate in the treaty-making process has evolved over time. While the Senate provides advice and consent, it is the President who has the final responsibility for completing the treaty-making process and expressing the United States' assent to be bound by the treaty. Additionally, Congress may need to take additional action to implement the treaty into domestic law.

Impeaching the President

Impeachment is a process by which Congress may charge and try an official of the federal government for "treason, bribery, or other high crimes and misdemeanors". The President, Vice President, and all civil Officers of the United States are subject to impeachment.

The process of impeaching the president begins with the House of Representatives, which passes articles of impeachment by a simple majority of those present and voting. These articles constitute the formal allegation(s) against the president. Once the articles are passed, the defendant has been "impeached".

The next step is a trial in the Senate, presided over by the Chief Justice of the United States. For the conviction of the president, a two-thirds supermajority of those present in the Senate is required. If a two-thirds majority is achieved, the president is removed from office.

Additionally, the Senate may, with just a simple majority vote, bar the impeached president from holding future federal office. However, this power has been used sparingly, with only three individuals ever being disqualified from holding future office.

It is important to note that impeachment proceedings are remedial rather than punitive in nature, and the president cannot grant a pardon to impeached individuals. As such, an impeached and removed president may still be subject to criminal or civil trial, prosecution, and conviction under the law.

Explore related products

The First Amendment: [Connected Ebook] (Aspen Casebook) (Aspen Casebook Series)

$326 $326

The Liberty Amendments: Restoring the American Republic

$16.65 $26.99

American Constitutional Law: Introductory Essays and Selected Cases

$140

Fourteenth Amendment Due Process Clause (Constitutional Law Series)

$3.99

Weak viability: The Iraqi federal state and the constitutional amendment process

$9.99

State Constitutional Politics: Governing by Amendment in the American States

$11.99 $17.99

Amending the Constitution

In the United States, amending the Constitution can be proposed in two ways. The first method requires a two-thirds supermajority vote in both the House and the Senate of Congress. The second method involves a constitutional convention called by Congress at the request of two-thirds of state legislatures (33 states). Once proposed, an amendment must be ratified by three-quarters of state legislatures (38), either through state legislatures or ratification conventions.

Other countries have similar requirements for amending their constitutions. For example, 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. In Australia, a referendum must be passed with a "double majority": a majority of those voting nationwide, as well as separate majorities in a majority of states. In certain circumstances, a "triple majority" is required, with a majority of voters in a specific state also agreeing to the change.

Overriding a presidential veto

In the United States, a two-thirds supermajority vote in both houses of Congress is required to override a presidential veto. This means that if the president vetoes a bill, it can still become law if two-thirds of each chamber of Congress (the House of Representatives and the Senate) vote to override the veto. This procedure has been successfully carried out a handful of times in US history, with Congress overriding about 7% of presidential vetoes. The first instance of this was on March 3, 1845, during the presidency of John Tyler.

The process of overriding a presidential veto with a supermajority vote is not unique to the US. Similar procedures are in place in other countries, such as Finland, India, Australia, and Bangladesh. For example, in Finland, a two-thirds majority in the Parliament is required to modify, add to, or remove parts of the Finnish Constitution. In Australia, a referendum must achieve a "double majority" for an amendment to the Constitution to pass, meaning a majority of those voting nationwide, as well as separate majorities in a majority of states.

It is worth noting that the requirements for overriding a presidential veto can vary depending on the context and the specific rules and procedures of each chamber of Congress. For instance, in the US, a two-thirds supermajority vote in the Senate is also required to ratify treaties and remove impeached officials from office.

Additionally, while not directly related to overriding a presidential veto, it is worth mentioning that in some cases, a three-fourths (75%) supermajority is required for certain procedures. For example, in the US, ratifying an amendment to the Constitution requires a three-fourths majority of state legislatures.

Frequently asked questions