Eleanor Finch
A supermajority is a requirement for a proposal to gain a specified level of support greater than the threshold of one-half used for a simple majority. This rule is often applied to changes in constitutions, especially those with entrenched clauses. In the United States, Article V of the Constitution outlines the process for amending it. A supermajority of two-thirds in the House of Representatives and the Senate is required to propose an amendment, which is then sent to the states for ratification. State constitutions are amended much more frequently than the federal Constitution, and the requirements for proposing amendments vary across states. Some states require a simple majority, while others mandate a supermajority of two-thirds or a specified percentage of votes. These supermajority rules aim to prevent the majority from eroding the fundamental rights of a minority.
| Characteristics | Values |
|---|---|
| Purpose | To prevent a majority from eroding the fundamental rights of a minority |
| Amendment proposal methods | By Congress with a two-thirds majority vote in both the House of Representatives and the Senate, or by a constitutional convention called for by two-thirds of the State legislatures |
| Number of amendments to the US Constitution | 27 |
| Number of amendments to the Texas State Constitution | 474 |
| States requiring supermajority for constitutional amendments | Florida, Illinois, Colorado, Delaware, New Hampshire, Minnesota, Hawaii, Oregon, Utah, Washington |
| States requiring majority for constitutional amendments | California, Texas |
| States requiring a combination of supermajority and majority | Nevada |
| Countries with constitutions requiring supermajority | Finland, France, South Korea, Spain, India, Germany, Australia, Switzerland, Montenegro |
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What You'll Learn
The US Constitution is difficult to amend
The US Constitution is notoriously difficult to amend. It has only been amended 27 times, compared to the 7,000 amendments made to the constitutions of the 50 states. The authority to amend the Constitution of the United States is derived from Article V of the Constitution.
Amendments to the Constitution can be proposed by Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Alternatively, they can be proposed by a constitutional convention called for by two-thirds of state legislatures. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50).
Some states require a supermajority vote for constitutional amendments. For example, Florida requires a 60% supermajority vote for constitutional amendments in general, and a two-thirds (66.67%) vote for amendments proposing new state taxes or fees. Illinois requires a supermajority vote of 60% for a constitutional amendment to win, or a majority of those who cast a ballot for any office in that election.
Supermajority rules in a democracy can help to prevent a majority from eroding the fundamental rights of a minority. However, they can also hinder efforts to respond to problems and encourage corrupt compromises.
Amending the Constitution: A Complex Process
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State constitutions are amended regularly
State legislatures generate more than 80% of constitutional amendments that are considered and approved annually across the country. The requirements for legislatures to craft amendments vary across states. Some require amendments to secure the backing of a majority of legislators, while others require supermajority legislative support. A simple majority vote in a single session is the easiest route to legislative approval of amendments and is available in 10 states. Twenty-five states set a higher threshold, requiring amendments to be proposed by a supermajority legislative vote in a single session. Within these 25 states, nine require a three-fifths vote, and 16 require a two-thirds vote.
In addition to legislative amendments, 18 states have a process for initiated constitutional amendments. Citizen-initiated amendments account for fewer than 2 out of every 10 amendments adopted across the country each year. However, in states like California and Colorado, these amendments are considered at a much higher rate. In Mississippi, a simple majority vote is required for voter approval of an initiated constitutional amendment. The number of signatures required for this process is at least 12% of the total number of votes cast for governor in the last gubernatorial general election.
State constitutional conventions were once a common method for amending state constitutions. From 1776 to 1986, 250 constitutional conventions were held in the 50 states. However, it has been nearly four decades since the last full-scale state constitutional convention in the United States. Despite the decline in convention activity, conventions remain a potential path for amending state constitutions.
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Amendments require legislative support
The United States Constitution has been amended 27 times, with state constitutions being amended more frequently. State legislatures generate more than 80% of constitutional amendments that are considered and approved annually. However, the process of amending constitutions differs across states. While some states require amendments to secure the support of a majority of legislators, others mandate supermajority legislative support.
A supermajority vote is required to propose a constitutional amendment in some states. For instance, Delaware is the only state that does not require voter approval for state constitutional amendments. In contrast, 11 states require a supermajority vote or a combination of different criteria. New Hampshire, Illinois, and Florida require a two-thirds, 60%, and 60% supermajority votes, respectively. Similarly, Colorado demands a 55% supermajority vote for referred or initiated amendments.
Some states, like California, offer multiple paths for amending their constitutions. Amendments can be proposed by the legislature, constitutional convention, or voter initiative. A supermajority of two-thirds of each house's membership is required for legislative amendments. Likewise, Texas requires a two-thirds supermajority of each house's elected membership for legislative amendments.
In some countries, such as Finland, proposed amendments must first be approved by a majority of parliament and then by a two-thirds supermajority after a parliamentary election. France requires approval from both houses and either a simple majority in a referendum or a three-fifths majority of the two houses of parliament.
Supermajority rules in a democracy aim to prevent the majority from infringing on the fundamental rights of a minority. They are particularly relevant in consensus democracy and when dealing with entrenched clauses in constitutions.
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Conventions are called by legislators
Conventions are typically called by legislators, who are required to approve a convention referendum. The majority of states require a majority legislative vote to call a convention referendum, while others require a supermajority legislative vote. A referendum on calling a convention must then be submitted to and approved by a majority of voters, except in a few states. However, in four states, the legislature can be bypassed, and a convention can be called through the initiative process.
The process of calling a convention for proposing amendments is outlined in Article V of the U.S. Constitution. This method has never been used, with all amendments being proposed by Congress. According to Article V, Congress shall call a convention for proposing amendments upon the request of two-thirds of the state legislatures. This provision was included to address concerns about the potential abuse of power by the National Legislature and the difficulty of obtaining amendments if the government becomes oppressive.
The process begins with state legislatures applying to Congress for a convention to propose amendments. Once applications from two-thirds of the states (34 out of 50) are received, Congress is obligated to call for a convention. The convention is limited to the issues specified in the state applications. It's important to note that there are debates about the interpretation of Article V, including the scope of conventions and Congress's control over the process.
After the convention is called, amendments are proposed and then ratified. The method of ratification is left to the choice of Congress. Ratification can be achieved through the legislatures of three-fourths of the states (38 out of 50) or by conventions in a like number of states. This ratification process is administered by the Archivist of the United States, who follows established procedures and customs.
In summary, conventions are typically called by legislators through a majority or supermajority legislative vote, leading to a referendum that requires voter approval. The U.S. Constitution also provides an alternative method for proposing amendments through conventions called by two-thirds of state legislatures. This method has sparked debates about the role of Congress and the states in the amendment process.
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Amendments require ratification by states
The process of amending the US Constitution is outlined in Article V of the Constitution. While Congress can propose an amendment with a two-thirds majority vote in both the House of Representatives and the Senate, the amendment only becomes part of the Constitution once it is ratified by three-fourths of the states (38 out of 50 states). This means that even if an amendment proposal gains the required supermajority support in Congress, it can still be blocked by the states.
The specific process of ratification varies across states, with some requiring a simple majority of voters to approve an amendment, while others demand a supermajority legislative vote. For instance, 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 in any election. In contrast, Minnesota requires only a simple majority approval from all voters casting a ballot, with non-votes being counted as "no" votes.
The requirement for supermajority support in state legislatures is not unique to the US. For example, in Finland, constitutional amendments must be approved by a two-thirds supermajority in Parliament after a parliamentary election. Similarly, in South Korea, constitutional amendments must pass with a two-thirds majority of legislators and then be approved by voters in a referendum.
The rationale behind supermajority requirements is to prevent the majority from easily eroding the fundamental rights of a minority group. By setting a higher threshold for approval, supermajority rules ensure that any changes to constitutions or legislation receive broad support and consensus.
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