Majority & super-majority vote

Majority v. Super-majority vote

Simple majority

• over 50% = majority
  • known as a "simple majority"
• = the vote "threshold" for a democratic body (usually a legislature) to make a decision
• the U.S. House of Representatives operates on a simple majority vote

Super majority

• = higher than the usual 50%+ requirement for decisions in a democratic body
• usually 2/3rds or 3/4th
• super-majorities require a larger consensus (general agreement) and are therefore important constraints against the power of a simple majority
  • likewise, super-majorities empower a minority, generally to be able to block votes or laws that a simple majority would otherwise enact
• may also include a single vote having veto power
  • examples include:

Super majority vote requirements in U.S. Constitution

• = instances where the Constitution requires a significant, or "super" majority for enactment

=* Constitutional Supermajorities include:

• • Article I Section 3 [Senate: try impeachments] And no Person shall be convicted without the Concurrence of two thirds of the Members present.
  • Article I Section 5 [both houses: expulsion of members & veto power]
    • Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.
  • Article I Section 7 [veto override laws] If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law.
  • Article I Section 7 [veto override other acts of Congress] Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.
  • Article II Section 1 [electoral college if no majority winner]

and if there be no more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately choose by Ballot one of them for President: and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner choose the President. But in choosing the President, the Votes shall be taken by the states, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall choose from them by Ballot the Vice President.

• • Article II Section 2 [Senate: consent for treaties]
    • He [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 V [Constitutional Amendment] The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution,

Non Constitutional Supermajority Requirements

• Senate Cloture:
  • = Senatorial privilege of unlimited discussion, which can only be halted by supermajority vote (60/100 votes), called "cloture"