Eleanor Finch
A supermajority is a requirement for a proposal to gain a specified level of support, which is greater than the threshold of one-half used for a simple majority. Supermajority rules are often used to prevent a majority from eroding the fundamental rights of a minority. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support. In the United States, several key processes require a supermajority, including amending the Constitution, overriding vetoes, expelling members of Congress, convicting impeached officials, and ratifying treaties. Similarly, in India, a supermajority of two-thirds of members present and voting in each house of the Indian Parliament is required to amend the constitution. Other countries like Poland, Florida, and Colorado have also amended their constitutions to require supermajority votes for passing new constitutional amendments.
| Characteristics | Values |
|---|---|
| Number of votes required | More than one-half of total number of members |
| Types | Three-fifths (60%), Two-thirds (67%), Three-quarters (75%) |
| Instances | Amending the Constitution, Impeaching the President, Declaring a President incapable of serving, Ratifying treaties, Removing impeached officials, Ending a filibuster, Calling a Constitutional Convention, Override Presidential Veto, Ratifying an Amendment, Postponing a Treaty, Repatriating Rebels |
| Purpose | Preventing the majority from eroding the fundamental rights of a minority, Preventing rash decisions, Ensuring broad consensus |
| States requiring supermajority for constitutional amendments | Florida, Illinois, Colorado, Minnesota, Tennessee, Massachusetts, Oregon, Utah, Washington |
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What You'll Learn
Ratifying treaties
The United States Constitution provides 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" (Article II, section 2). Treaties are binding agreements between nations and become part of international law. Treaties to which the United States is a party also have the force of federal legislation, forming part of what the Constitution calls "the supreme Law of the Land".
The Senate does not ratify treaties. Following consideration by the Committee on Foreign Relations, the Senate either approves or rejects 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). The Senate has considered and approved for ratification all but a small number of treaties negotiated by the president and his representatives.
The Treaty Clause is an executive power in Article II, and does not come with the limitations of Article I. While the Executive Branch is generally responsible for treaty negotiations, Congress occasionally plays a role by, among other things, enacting legislation encouraging the Executive Branch to pursue certain objectives in its international negotiations.
The President is the final actor in expressing the United States' assent to be bound to a treaty, but additional action by Congress may be necessary to implement the treaty into domestic law. Once the parties to the treaty complete the processes necessary to express their final assent to be bound—often through an exchange of instruments of ratification—the President may proclaim the treaty and declare it to be in force by Executive Order.
The President has no obligation to ratify a Senate-approved treaty, and in some cases, the President has declined to do so. The constitutional requirement that the Senate approve a treaty by a vote of two-thirds of senators present means that treaties must overcome political and partisan divisions to gain approval.
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Impeaching officials
Impeachment is a process by which a legislative body or legally constituted tribunal initiates charges against a public official for misconduct. In the United States, impeachment at the federal level is reserved for those who may have committed "treason, bribery, or other high crimes and misdemeanors". The latter phrase refers to offences against the government or the constitution, grave abuses of power, violations of the public trust, or other political crimes.
The US Constitution grants the House of Representatives the sole power of impeachment. The House of Representatives brings articles (charges) of impeachment against an official and can impeach with a simple majority of the House members present. The Senate then holds an impeachment trial, with the right to call witnesses and cross-examine them. Senators must take an oath or affirmation that they will perform their duties honestly and with due diligence. After hearing the charges, the Senate usually deliberates in private. The Senate has the sole power to convict or acquit. A supermajority of two-thirds of the Senate is required to convict an official, removing them from office. The official may also be barred from holding future office.
The impeachment process has been used against three presidents, one cabinet secretary, and one senator. Of those who were impeached, only eight officials were found guilty by the Senate and removed from office. All eight were federal judges. Presidents Johnson, Clinton, and Trump were all acquitted by the Senate on all charges.
In the case of presidential impeachment trials, the chief justice of the United States presides. The president of the Supreme Court presides over the trial and reads the summary of the grounds, the charges, the defence, and the evidence to the Senate. Senators issue their judgement, and on conviction by a supermajority of two-thirds, the president of the Supreme Court pronounces the sentence and the accused is immediately notified. If there is no supermajority, the accused is acquitted.
Impeachment may also occur at the state level if the state or commonwealth has provisions for it under its constitution. Most state legislatures can impeach state officials, including the governor. Impeachment is also a practice of other government bodies, such as tribal governments and local governments.
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Amending the Constitution
In the United States, amending the Constitution demands a supermajority of two-thirds of both houses of Congress, as outlined in Article V of the Constitution. This provision underscores the importance of amending foundational laws and aims to establish a stable government. Additionally, three-quarters of state legislatures, or 38 out of 50 states, must approve the amendment for ratification. This two-thirds requirement also applies to overriding a presidential veto, where Congress can override the president's decision with substantial legislative support.
The Indian Constitution, under Article 368, mandates a supermajority of two-thirds of members present and voting in each house of the Indian Parliament. Furthermore, for matters concerning the states and judiciary, at least half of all states need to ratify the amendment.
Some states within the United States have specific supermajority requirements for constitutional amendments. For instance, Florida requires a 60% supermajority for constitutional amendments, while Illinois mandates a 60% supermajority of those voting on the amendment or a majority of those who cast a ballot in any given election. Colorado, on the other hand, requires a 55% supermajority for amendments.
The concept of a supermajority extends beyond constitutional amendments and is applied in various contexts. For instance, in Poland, the Sejm (lower house of parliament) requires a three-fifths majority of MPs to overturn a presidential veto. In ancient Rome, the first recorded use of a supermajority rule occurred during the 100s BCE, where two-thirds of jurors had to be ready for a decision before proceeding to a simple majority vote.
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Overriding vetoes
In the United States, the president has the power to veto bills passed by Congress. This power is outlined in Article 1, Section 7 of the US Constitution. If the president does not approve of a bill, they have the option to veto it by returning the unsigned bill to the House in which it originated, within 10 days, excluding Sundays. The Constitution requires the president to state their objections to the bill in writing, and Congress is mandated to consider and reconsider the legislation.
Congress, however, can override a presidential veto and pass the bill into law without the president's signature. This requires a supermajority vote, specifically a two-thirds majority in both the House of Representatives and the Senate. This process is also stipulated in the US Constitution.
At the state level, all 50 states give their legislatures the power to override gubernatorial vetoes. The authority and procedure for the override are included in each state's constitution. Similar to the process at the federal level, a supermajority is required to override a governor's veto. The margin for this supermajority varies across states. Thirty-six states require a two-thirds vote from both chambers of the legislature, seven states require a three-fifths vote, and six states require a majority vote. Some states, like Alaska, require a two-thirds vote from a joint meeting of both legislative chambers.
It is important to note that if Congress adjourns before the ten-day period during which the president could have signed or vetoed a bill, the bill does not become law. This is called a "pocket veto," and it cannot be overridden by Congress.
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Proposing amendments
The Constitution of the United States is not unique in this regard. The Constitution of South Korea, for example, requires amendments to be passed by a two-thirds majority of legislators and then approved by voters at a referendum. In Spain, a three-fifths majority in both the Congress of Deputies and the Senate is required to pass a constitutional reform. However, if a two-thirds majority is reached in the Congress of Deputies, an absolute majority of senators is enough to pass the proposal.
The Indian Constitution also requires a supermajority of two-thirds of members present and voting in each house of the Indian Parliament, subject to a majority of the total membership of each House of Parliament, to amend the constitution. In matters affecting the states and judiciary, at least half of all the states need to ratify the amendment.
In some cases, supermajority requirements can be lower than the two-thirds threshold. In Poland, for instance, the Sejm (lower house of the bicameral parliament) requires a three-fifths majority of MPs to overturn a veto from the President. Similarly, the Constitution of Florida was amended in 2006 to require a 60% majority to pass new constitutional amendments by popular vote.
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Frequently asked questions
A supermajority of two-thirds of both houses of the United States Congress is required to propose a Congress-driven constitutional amendment. A three-quarters supermajority of state legislatures is then required for the final adoption of any constitutional amendment.
A supermajority is required to override a presidential veto, expel members of Congress, convict impeached officials, and ratify treaties.
Yes, several countries and states require a supermajority to amend their constitutions. For instance, India, Italy, Florida, Colorado, Illinois, and Oregon all require a supermajority to make changes to their constitutions.
