Simone Lawson
A supermajority is a requirement for a proposal to gain a specified level of support that is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help prevent the majority from eroding the fundamental rights of a minority. The United States Constitution requires a supermajority of two-thirds of both houses of Congress to propose a constitutional amendment. Amendments to the constitution require a two-thirds majority in both houses of the National Diet and a simple majority referendum. In Illinois, a constitutional amendment must win a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election. In Florida, a supermajority vote of 60% is required to pass new constitutional amendments by popular vote.
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What You'll Learn
Impeaching the president
Impeachment is the process of bringing charges against a government official for wrongdoing. The Constitution gives Congress the power to impeach federal officials, including the president, vice president, and all civil officers of the United States. The House of Representatives has the sole power of impeachment and can impeach an official by approving articles of impeachment by a simple majority vote. The Senate then holds an impeachment trial, sitting as a High Court of Impeachment to consider evidence, hear witnesses, and vote to acquit or convict the impeached official.
In the case of presidential impeachment trials, the chief justice of the United States presides over the proceedings. The Constitution requires a two-thirds supermajority vote of the Senate to convict a president, and the penalty for an impeached president upon conviction is removal from office. Additionally, the Senate may hold a separate vote to disqualify a convicted president from holding any federal office in the future, which requires only a majority of senators present.
The impeachment process serves as a check on the executive branch and helps maintain a balance of power between the branches of government. It is intended to address serious wrongdoing by government officials, such as "treason, bribery, or other high crimes and misdemeanors." The definition of "high crimes and misdemeanors" has long been debated and is not explicitly defined in the Constitution.
The use of supermajority rules in impeachment proceedings reflects the importance and gravity of removing a duly elected official from office. While simple majority votes are common in legislative decision-making, supermajority requirements are often applied to critical issues such as impeachment, amendments to the Constitution, and legislation dealing with federal budgets or taxation. By requiring a higher threshold of support, supermajority rules help protect against hasty or partisan decisions and encourage deliberation and compromise.
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Amending the Constitution
The requirement for a supermajority when amending the Constitution is not unique to the United States. Other countries and entities have similar provisions in place. For example, in Finland, a legislative proposal that seeks to modify the constitution requires the approval of at least 134 out of 200 representatives in Parliament, which equates to a two-thirds majority. Similarly, in India, a supermajority of two-thirds of members present and voting in each house of Parliament is required to amend the Constitution, according to Article 368 of the Indian Constitution.
The rationale behind requiring a supermajority for constitutional amendments is to prevent hasty or partisan changes to the foundational rules of a country. It encourages deliberation, compromise, and broad consensus. As John Adams, one of the Founding Fathers of the United States, explained, supermajority votes are intended to prevent a "tyranny of the majority" and promote careful consideration before altering the nation's fundamental laws.
In some cases, the threshold for amending a constitution can be even higher than a two-thirds supermajority. For instance, in the United States, passing a bill over the president's veto requires a two-thirds supermajority in both houses of Congress. Additionally, certain types of amendments, such as those related to taxation or spending, may require an even higher threshold, such as a three-fifths or three-quarters majority, to constrain government action and promote fiscal responsibility.
While the requirement for a supermajority can provide stability and protect against impulsive changes, it can also make it challenging to implement necessary reforms. Critics argue that supermajority rules can sometimes hinder progress and encourage corrupt compromises. Finding a balance between stability and adaptability is a delicate task in constitutional design, and the specific requirements for amending a constitution can vary depending on the country's historical context, political culture, and institutional design.
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State or US constitutional amendments
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 in a democracy can help prevent a majority from eroding the fundamental rights of a minority. Amendments to the US Constitution require a two-thirds majority in both houses of Congress to propose a Congress-driven constitutional amendment. This is also required to pass a bill over the president's veto.
Additionally, three-quarters of state legislatures must approve for the final adoption of any constitutional amendment. Amendments to the constitution also require a simple majority in a referendum. In almost all states, a supermajority vote of the state legislature is necessary to send a measure to amend the US Constitution to the voters for ratification. All states except Delaware also require a vote of the people to pass a constitutional amendment.
Some states have specific supermajority requirements for ballot measures. For instance, in Arizona, a 60% supermajority is required for voters to approve new taxes. In Florida, a 60% supermajority is required for constitutional amendments, and a two-thirds supermajority for amendments proposing new state taxes or fees. In Illinois, a supermajority vote of 60% of those voting on the question or a majority of those who cast a ballot for any office in that election is required for a constitutional amendment to pass. In Colorado, a supermajority vote of 55% is required to pass new constitutional amendments.
Some countries also have supermajority requirements to amend their constitutions. For example, in Finland, a two-thirds majority in Parliament is required to modify, add, or remove parts of the Finnish Constitution. In India, a supermajority of two-thirds of members present and voting in each house of Parliament is required to amend the constitution.
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Federal budget or taxation legislation
The US Constitution grants Congress the authority to enact federal legislation and declare war, confirm or reject presidential appointments, and exercise investigative powers. The Constitution also gives Congress the sole power to establish an annual federal budget and levy taxes and tariffs to fund essential government services.
The Constitution does not specify any supermajority requirements for federal budget or taxation legislation. However, the House of Representatives has passed rules requiring a three-fifths majority to raise income tax rates. Additionally, the Balanced Budget Amendment, which requires a three-fifths majority of both the House and Senate to run a deficit or issue debt, came close to being sent to the states for ratification.
Some states have adopted supermajority requirements for tax increases, which has been criticised as empowering a minority of legislators and hindering the ability to close tax loopholes and fund infrastructure projects. Proponents of supermajority rules argue that they constrain government and promote economic growth by reducing the burden on citizens.
The congressional budget resolution is a "concurrent" resolution that does not require the President's signature or veto. It sets targets for congressional committees to propose legislation directly appropriating funds or changing spending and tax laws. While it does not require a supermajority, a budget "point of order" can be raised by a single member of the House or Senate to block legislation that violates the terms of the budget resolution.
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Ending a filibuster
The filibuster is a procedural tactic used in the United States Senate to delay or block the passage of legislation or other Senate action. It requires a senator to speak for an extended period, allowing an individual senator to bring the Senate to a standstill. The tactic is controversial, with critics arguing that it undermines the Senate's effectiveness as a governing body and encourages political gridlock. Supporters, however, argue that it protects the rights of the minority and encourages deliberation and compromise.
To end a filibuster, a motion for "cloture" (or closure) can be introduced, which requires a supermajority vote of three-fifths (60%) of senators, according to Senate rules. This procedure effectively ends the extended debate and allows the Senate to move forward with a simple majority vote. The cloture rule was adopted in 1917, requiring a two-thirds majority initially, but this was reduced to three-fifths in 1975 due to the high threshold being difficult to attain.
The filibuster has been used increasingly in recent decades, often on highly controversial issues, leading to calls for its elimination or reform. Some have argued that it has been used to block meaningful reforms and even to obstruct civil rights legislation in the past. The filibuster's critics also point to the disproportionate power it gives to senators representing a small minority of the country's population.
While ending a filibuster requires a supermajority, the filibuster itself can be used to prevent the passage of legislation that would otherwise require only a simple majority. This dynamic highlights the complex interplay between majority rule and the protection of minority rights in a democratic system.
In summary, ending a filibuster through cloture requires a supermajority vote in the Senate, showcasing the importance of supermajority rules in certain legislative contexts, even as debates continue about their effectiveness and impact on governance.
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Frequently asked questions
In the US, 11 out of 49 states require a supermajority vote for a state constitutional amendment. These states include Florida, Illinois, Colorado, Tennessee, Massachusetts, Mississippi, Arizona, and Oregon.
A supermajority is required to amend the national constitution in countries like Finland, India, and the United States. In Finland, a two-thirds majority in parliament is required to modify its constitution. In India, a supermajority of two-thirds of members present and voting in each house of parliament is required, along with ratification from at least half of all the states. In the US, a two-thirds supermajority is required in both houses of Congress to propose a constitutional amendment.
In the US, a supermajority is required for several instances, including impeaching the president, declaring a president incapable of serving, amending the constitution, ending a filibuster, and passing legislation dealing with taxation.
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