Isabella Carter
The concept of 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. This can be expressed as a 50%+1 vote. In the context of the US Constitution, a supermajority vote of two-thirds is required in certain scenarios, such as amending the Constitution or overriding a presidential veto. Specifically, Amendments to the Constitution can be proposed with a two-thirds supermajority vote in each body of Congress, and a two-thirds supermajority vote in both houses of Congress is required to override a presidential veto. In the case of a tie during a presidential election, the House of Representatives chooses the President, with a quorum consisting of members from two-thirds of the states. Additionally, the Senate chooses the Vice President in certain scenarios, with a quorum of two-thirds of the whole number of Senators.
| Characteristics | Values |
|---|---|
| Voting System | Electoral College |
| Number of Electors | 538 |
| Electors' Place of Meeting | Their respective states |
| Electors' Voting Method | Ballot |
| Electors' Voting Requirements | Vote for two persons, of whom one at least shall not be an inhabitant of the same state as themselves |
| Post-Voting Procedure | Make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate |
| Vote Counting | The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted |
| President Eligibility Requirements | Natural-born Citizen, Citizen at the time of the Adoption of the Constitution, 35 years old, 14 years a Resident within the United States |
| Vice President Eligibility Requirements | No person constitutionally ineligible to the office of President |
| Oath of Office | "I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States." |
| President's Powers | Commander in Chief of the Army and Navy of the United States, Power to grant reprieves and pardons for offenses against the United States (except in cases of impeachment) |
| Amendments | The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude; Congress shall have the power to lay and collect taxes on incomes, without apportionment among the several States, and without regard to any census or enumeration; the terms of the President, Vice President, Senators, and Representatives shall end at noon on the 20th and 3rd day of January, respectively; Congress shall assemble at least once each year |
| Supermajority Requirements | Amendments to the Constitution require a two-thirds supermajority of each body of Congress or a convention called by Congress on application of two-thirds (34) of the states; Congress may override a presidential veto by a two-thirds supermajority of both houses; a treaty must be ratified by a two-thirds supermajority of the Senate; other instances of supermajority requirements in various countries |
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What You'll Learn
Amendments to the US Constitution
The United States Constitution has undergone several amendments since its ratification on June 21, 1788. 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 upon the application of two-thirds of the states (currently 34). Once proposed, an amendment must be ratified by three-quarters of the states (38 states currently) through state legislatures or ratification conventions. Congress may also pass bills by simple majority votes, but a two-thirds supermajority vote of both houses is required to override a presidential veto.
There have been 27 amendments to the Constitution, with the first 10 amendments, known as the Bill of Rights, being ratified simultaneously on December 15, 1791. These amendments were adopted to protect the fundamental rights of citizens, including freedom of speech, religion, and assembly. Since then, several other amendments have been added, including the Reconstruction Amendments (the 13th, 14th, and 15th Amendments) and the 21st Amendment, which repealed the Eighteenth Amendment and ended the prohibition of alcohol.
In total, approximately 11,848 proposals to amend the Constitution have been introduced in Congress since 1789. Members of the House and Senate typically propose around 200 amendments during each two-year term of Congress, covering a wide range of topics. However, it is important to note that not all proposed amendments become part of the Constitution. Many die in congressional committees, and only a small fraction receive a full vote by either the House or the Senate.
The concept of a supermajority, where a proposal must gain more than a simple majority, is not unique to the United States Constitution. It is used in other democratic systems and legislative bodies to protect against potential abuses of power by the majority and to ensure that any changes to fundamental laws or rights require broad support. For example, in Finland, a legislative proposal to modify the constitution requires a two-thirds majority in Parliament. Similarly, in India, a supermajority of two-thirds of the members present and voting in each house of Parliament is required to amend the constitution.
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Amendments to the Indian Constitution
The Indian Constitution is the world's longest for a sovereign nation and is also the most frequently amended. Since it was enacted in 1950, there have been over 100 amendments, with sources stating the exact number to be 105 or 106 as of 2024. This averages out to about two amendments per year.
The Constitution is so detailed in spelling out governmental powers that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. There are three types of amendments to the Constitution of India, of which the second and third types are governed by Article 368. The first type of amendment must be passed by a "simple majority" in each house of the Parliament of India. The second type of amendment must be passed by a prescribed "special majority" of each house of Parliament. The third type of amendment must be passed by a "special majority" in each house of Parliament and ratified by at least half of the state legislatures.
An amendment bill must be passed by each house of Parliament by a two-thirds majority of its total membership when at least two-thirds are present and vote. Certain amendments pertaining to the constitution's federal nature must also be ratified by a majority of state legislatures. Despite the supermajority requirement for amendments to pass, the Indian constitution is the world's most frequently amended national governing document.
Some notable amendments include the Sixty-first Amendment Act, 1988, which reduced the voting age from 21 to 18 years, and the Eighty-sixth Amendment, which introduced the Right to Education for children aged six to fourteen years and Early Childhood Care until the age of six.
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Amendments to the Finnish Constitution
Finland's Constitution, which came into force on 1 March 2000, is the basis of all legislation and government power in the country. It outlines the fundamental rules, values, and principles of Finnish democracy, including the relationship between individuals and the government, the exercise of power by the government, and the organisation of government.
The Constitution of Finland has undergone amendments since its enactment. The Constitution Act of Finland, which confirms the country's democratic constitution, outlines the distribution of power among various entities. It establishes that sovereign power resides with the people, represented by the Parliament in session. The legislative power is vested in the Parliament, which exercises it in conjunction with the President of the Republic. The President holds supreme executive power and oversees state administration, including foreign relations. Treaties with foreign states require parliamentary approval if they fall within the legislative sphere or as mandated by the Constitution. The President, with parliamentary consent, also decides on matters of war and peace.
The Constitution Act also addresses the role of the Council of State, which comprises the Prime Minister and the requisite number of Ministers. It further emphasises the independence of the judiciary, with judicial power exercised by independent courts of law, culminating in the Supreme Court and the Supreme Administrative Court.
Amendments to the Constitution are made through specific procedures. An Act that has been enacted according to the constitutional procedure is indicated as such. The President of the Republic signs the Act, which is then countersigned by the appropriate Minister. Subsequently, the Government publishes the Act in the Statutes of Finland, specifying the date of its entry into force. The Constitution grants the President, the Government, and a Ministry the authority to issue Decrees, either based on the Constitution or another Act.
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Amendments to the Scottish and Welsh Constitutions
The UK does not have a single, written constitution; instead, its constitution is made up of various documents, laws, and treaties. However, Scotland and Wales have their own devolved legislatures with some powers to amend their specific laws.
Amendments to the Scottish Constitution
The Scotland Act 1998 created the Scottish Parliament and established an executive and legislature for Scotland. The Act includes provisions that are protected from amendment unless a two-thirds supermajority of the total number of members votes in favour. One such provision is that a two-thirds supermajority vote is required to amend or dissolve the Royal Charter on self-regulation of the press.
In 2014, the Scottish government published a consultation document on an interim constitution for an independent Scotland, which included proposals for a written constitution that puts democracy, rights, and equality at the forefront. A written constitution would provide improved accountability and democracy compared to the current system of parliamentary sovereignty.
Amendments to the Welsh Constitution
The Government of Wales Act 2006 gave legislative powers to the Welsh Assembly and established a separate Welsh civil service. Similar to Scotland, certain provisions of the Act are protected from amendment unless a two-thirds supermajority of members votes in favour. In addition, principal councils in Wales require a two-thirds supermajority vote to change their electoral system.
The Two-Thirds Vote in Other Constitutions
The requirement for a supermajority of two-thirds is common in other constitutions and legislative bodies. For example, in the United States, amendments to the Constitution can be proposed with a two-thirds supermajority vote in each body of Congress, and a two-thirds supermajority in both houses of Congress can override a presidential veto. In Finland, a two-thirds majority in Parliament is required to amend the constitution. Similarly, reforms to the constitution in India require a two-thirds supermajority in both houses of Parliament, along with a simple majority in a referendum.
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The US Bill of Rights
The US Constitution's Article II, Section 1, Clause 3 mentions a two-thirds vote. This clause outlines the procedure for choosing the President and Vice President, requiring a majority of votes from each state, with each state holding one vote.
Now, here is an overview of the US Bill of Rights:
The United States Bill of Rights, comprising the first ten amendments to the US Constitution, was proposed to address Anti-Federalists' objections during the 1787–88 ratification debates. The Bill of Rights aimed to guarantee personal freedoms and limit the federal government's powers. James Madison, then a member of the US House of Representatives, drafted these amendments to protect individual liberties and restrict government authority in judicial and other proceedings.
The Bill of Rights was influenced by earlier documents, including the Virginia Declaration of Rights, the Magna Carta, the English Bill of Rights, and the Massachusetts Body of Liberties. The amendments were proposed by the First Congress on September 25, 1789, and ten of the twelve proposed amendments were ratified on December 15, 1791, forming the US Bill of Rights.
The first eight amendments in the Bill of Rights outline specific freedoms and rights, including freedom of speech, freedom of religion, the right to bear arms, protection from unreasonable searches and seizures, and the right to a speedy trial by an impartial jury, among others. The ninth and tenth amendments emphasize that the enumeration of certain rights does not deny or disparage other rights retained by the people, and that powers not delegated to the federal government are reserved for the states or the people.
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Frequently asked questions
Article II, Section 1, Clauses 2 and 3 of the US Constitution mentions the 2/3 vote.
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.
A supermajority is required when there is a tie between two or more candidates with equal votes. In this case, the Senate chooses the winner by ballot.
Article 368 of the Indian Constitution requires a supermajority of two-thirds of members present and voting in each house of the Indian Parliament to amend the constitution. Section 31A of the Scotland Act 1998 also requires a two-thirds supermajority vote to amend certain provisions.
Yes, another way to amend the US Constitution is through a convention called by Congress on the application of two-thirds of the states (currently 34).
