Amending The Constitution: A Daunting 3/4 Vote Requirement

The Constitution of the United States requires supermajorities for certain significant actions. Amendments to the Constitution, for example, may be proposed with a two-thirds supermajority vote of each body of the United States Congress, and must then be ratified by three-quarters of the states. A two-thirds supermajority vote is also required to remove a president from office, impeach the president, or declare a president incapable of serving.

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Ratifying an Amendment

The process of ratifying an amendment to the US Constitution is outlined in Article V of the Constitution. Amendments to the Constitution may be proposed in one of two ways. The first method requires a two-thirds supermajority vote in both the House and Senate, with a quorum of members present. This method has been used for every amendment thus far. The second method, which has never been used, involves Congress calling a convention for proposing amendments upon the request of two-thirds of state legislatures (34 out of 50 states).

Once an amendment is proposed, it must be ratified by three-quarters of the states (38 out of 50) to become part of the Constitution. Congress determines the method of ratification, which can be done through state legislatures or ratification conventions. This process ensures that any amendments reflect the will of a majority of the states. It is important to note that the President or judiciary is not involved in deciding whether an amendment should be ratified.

The traditional constitutional amendment process described above has been used for the ratification of every amendment to the Constitution thus far. However, Article V also provides an alternative process that has never been utilized. If an amendment is proposed by a convention, it must be ratified by three-quarters of the states through a vote of either the state legislature or a state convention.

The mode of ratification is determined by Congress, and there is no mention of a time limit for ratification in Article V. However, beginning with the 20th Amendment, Congress has attached a time limit to the ratification of all proposed amendments.

Removing a President

The US Constitution requires supermajorities for certain significant actions, including the removal of a President.

Removal by Impeachment

The President of the United States can be removed from office through impeachment. The House of Representatives must first vote to impeach the President, which requires a simple majority. The Articles of Impeachment are then sent to the Senate, where a two-thirds supermajority is needed to convict and remove the President from office. The Senate can also bar the President from holding public office in the future, which only requires a simple majority.

Removal by Amendment

Amendments to the Constitution can be proposed by a two-thirds supermajority vote in both houses of Congress. Once proposed, the amendment must be ratified by three-quarters of the states, either through state legislatures or ratification conventions.

Removal by Presidential Disability

The 25th Amendment to the Constitution provides a process for removing the President if they are unfit to serve. The Vice President and a majority of the principal officers of the executive departments can transmit a declaration of the President's inability to discharge their powers and duties to the Senate and House of Representatives. The Vice President then assumes the powers and duties of the President as Acting President.

Removal by Resignation

A President can also be removed from office if they resign. In this case, the Vice President becomes the President.

Historical Context

While there have been several attempts to remove US Presidents through impeachment, it has never resulted in removal from office. The impeachment procedure was last used in 2021 when President Donald Trump was impeached for a second time during his first term and subsequently acquitted.

Ratifying a Treaty

The process of ratifying a treaty is a coordinated effort between the Executive branch and the Senate. The President may form and negotiate treaties, but the treaty must be advised and consented to by a two-thirds supermajority vote in the Senate. This is also referred to as a three-fourths vote. Once the Senate approves the treaty, the President can ratify it. Ratification is the process by which a state declares its consent to be bound to a treaty under international law.

In the United States, the President has the power, with the advice and consent of the Senate, to make treaties, provided that two-thirds of the Senators present concur. Treaties are binding agreements between nations and become part of international law. They are also considered federal legislation and are thus part of the "supreme Law of the Land" according to the US Constitution.

Following consideration by the Committee on Foreign Relations, the Senate either approves or rejects a resolution of ratification. If the resolution passes, ratification takes place when the instruments of ratification are formally exchanged between the US and the foreign power(s).

In other countries, the process of ratifying a treaty may differ. For example, in Japan, both houses of parliament must approve the treaty for ratification. If the House of Councilors rejects a treaty, a joint committee of both houses will attempt to come to an agreement on amendments. If they cannot agree, or if the House of Councilors fails to decide on a treaty for over thirty days, the House of Representatives will be regarded as the vote of the National Diet approving the ratification. The approved treaty will then be promulgated into law by the Emperor.

In Australia, the power to enter into treaties is an executive power within the Australian Constitution, so the Australian Government may enter into a binding treaty without seeking parliamentary approval. However, most treaties are still tabled in parliament for between 15 and 20 joint sitting days for scrutiny by the Joint Standing Committee on Treaties.

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Impeachment

The United States Constitution gives the House of Representatives the sole power to impeach federal officials, and it makes the Senate the sole court for impeachment trials. The power of impeachment can both remove someone from office and disqualify an impeached individual from holding future office. The Constitution does not limit the number of times an individual may be impeached.

At the federal level, the impeachment process is typically a three-step procedure. The first phase is typically an impeachment inquiry, though this is not a required stage. 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 result of conviction is removal from office and (optionally, in a separate vote) disqualification from holding any federal office in the future, which requires a concurrence of only a majority of senators present. Impeachment proceedings may be requested by a member of the House of Representatives, either by presenting a list of the charges under oath or by asking for referral to the appropriate committee. The impeachment process may be requested by non-members. For example, when the Judicial Conference of the United States suggests a federal judge be impeached, a charge of actions constituting grounds for impeachment may come from a special committee. An impeachment resolution may first pass through a House committee before the full House votes on it. 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. A resolution to authorize an investigation regarding impeachable conduct is referred to the House Committee on Rules, and then to the Judiciary Committee. The House Committee on the Judiciary, by majority vote, will determine whether grounds for impeachment exist (this vote is not law and is not required by the US Constitution and US law). Either as part of the impeachment resolution or separately, specific grounds and allegations for impeachment will be outlined in one or more articles of impeachment. The House debates the resolution and may at the conclusion consider the resolution as a whole or vote on each article of impeachment individually.

Repatriating Rebels

The process of repatriating rebels has been observed in several countries, including Libya and the Democratic Republic of Congo. In 2014, the Democratic Republic of Congo began the process of repatriating former M23 rebels from neighbouring countries such as Rwanda and Uganda. This was done to prevent the defeated insurgents from regrouping, with over a thousand fighters believed to have fled to these countries after the eastern rebellion was quashed in 2013. The rebels were granted amnesties under a peace deal, provided they did not take part in future insurrections and were not wanted for war crimes.

Similarly, in 2009, Libya repatriated hundreds of Nigerien Tuareg rebel fighters to Niger, marking a significant step towards pacifying the north of the country after two years of revolt. The rebels, belonging to an MNJ faction of Niger's Tuareg rebels, had launched an uprising in 2007, demanding greater representation for the nomadic Tuareg people and a larger share of the minerals mined in Niger's north.

Now, onto your query about the constitution. The United States Constitution requires supermajorities, or three-fourths votes, for significant actions. Amendments to the Constitution can be proposed through a two-thirds supermajority vote in each body of the United States Congress. Alternatively, a convention can be called by Congress upon the request of two-thirds of the states. Once an amendment is proposed, it must be ratified by three-fourths of the states, either through state legislatures or ratification conventions, as determined by Congress.

Other countries also have similar supermajority requirements for specific actions. For instance, Finland's Constitution requires a two-thirds majority in the Parliament to amend the Constitution. In Australia, passing an amendment to the Constitution requires a "double majority," with a majority of voters nationwide and separate majorities in a majority of states.

Thus, the process of repatriating rebels has been implemented in various contexts, and the United States Constitution, along with other constitutions, outlines specific supermajority requirements for significant actions.

Frequently asked questions