Supermajority
Encyclopedia
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority (over 50%). In some jurisdictions, for example, parliamentary procedure
requires that any action that may alter the rights of the minority has a supermajority requirement (such as a two-thirds majority). Changes to constitution
s, especially those with entrenched clauses, commonly require supermajority support in a legislature
. A supermajority is absolute if the required percentage or fraction is based on the entire membership rather than on those present and voting.
, a three-fifths majority is required to bring out a vote of cloture
, to end a filibuster
.
In Rhode Island
, USA a three-fifths majority of the Rhode Island General Assembly
is required to overturn a veto
. In New York
, a three-fifths majority is required to pass most tax increases.
s, especially if minority rights can be changed (e.g., constitution
al amendments). There are two kinds of two-thirds majority: the simple or the absolute.
An unqualified or simple two-thirds majority requires that the number of votes in favour must be at least twice the number of votes against. Abstaining votes or neutral votes are not considered in a simple two-thirds majority.
An absolute two-thirds majority requires that at least two-thirds of the entire membership of a body vote in favor.
In parliamentary procedure
where a two-thirds majority is required, rather than speaking of a two-thirds majority the unambiguous phrases such as "two thirds of those present and voting", "two thirds of those present" (which has the effect of counting abstentions as votes against the proposal), or "two thirds of the entire membership" ("two thirds of those members duly elected and sworn" in American politics) are used.
The US Mason's Manual
notes, "A deliberative body cannot by its own act or rule require a two-thirds vote to take any action where the constitution or controlling authority requires only a majority vote. To require a two-thirds vote, for example, to take any action would be to give to any number more than one-third of the members the power to defeat the action and amount to a delegation of the powers of the body to a minority."
that requires that more than half of all the members of a body (including those absent and those present but not voting) to vote in favour of a proposition in order for it to be passed. In practical terms, it may mean that abstention from voting is equivalent to a no vote. It may be contrasted with a simple majority
which only requires a majority of those actually voting to approve a proposition for it to be enacted.
Requirements to reach an absolute majority is a common feature of voting in the European Parliament
(EP) where under the ordinary legislative procedure the EP is required to act by an absolute majority if it is to either to amend or reject proposed legislation.
By way of illustration, in February 2007 the Italian Government fell after it won a vote in the Italian Senate
by 158 votes to 136 (with 24 abstentions). The government needed an absolute majority in the 318 member house but fell two votes short of the required 160 when two of its own supporters abstained.
This majority of the fixed members is set at any number greater than one half of the total possible memberships or seats. For example, on an 8-member board, the majority of the fixed membership is 5 or more.
Most private organizations do not use this standard. The popular parliamentary manual, Robert's Rules of Order
, does not require it for any action. It is sometimes the standard set to adopt some or all actions in state and local government legislative bodies in the United States.
It is possible for organizations that use majority of the fixed membership to be caught in a stalemate
if at least half the membership consists of vacancies, making it impossible to perform any actions until those vacancies are filled.
However, the United Nations Security Council
does require a supermajority of the fixed membership on substantive matters (procedural matters require a simple majority of those present and voting). According to Article 27 of the United Nations Charter
, at least nine of the Security Council's 15 members (i.e., a three-fifths supermajority) must vote in favor of a draft resolution
in order to achieve passage. Specifying the fixed membership has the effect of making abstentions count as votes against—absences are not normal but would be treated the same way.
This is useful for the five permanent members of the Council (the United States
, the Russian Federation
, the People's Republic of China
, the United Kingdom
, and France
) because a vote against from any one of them constitutes a veto
, which cannot be overridden. Permanent members who do not support a measure, but are unwilling to be seen to block it against the wishes of the majority of the Council, tend to abstain; abstentions by veto powers are generally seen by close observers of the UN as the equivalent of not vetoing votes against and have the same impact on the decision of the Security Council.
Council of Ministers
uses a qualified majority system for its decision-making to balance the interests of small and large member states.
The Indian Constitution requires a supermajority of two-thirds of members present and voting in both houses of Indian Parliament, subject to at least a simple majority of Parliament members voting, to amend the constitution. The amendment needs approval by the President. In addition, in matters affecting the states, one half of the affected states need to approve the amendment.
The Clarity Act
in Canada
gives the Parliament of Canada
the power to decide if a referendum relating to provincial secession
has obtained a "clear majority", implying that some sort of supermajority is needed. If it is determined it has not obtained a supermajority, the results of the referendum will be dismissed and the province cannot declare independence legally.
Referendums on the Republic of China
on Taiwan
require a majority of all registered voters (not merely those voting) for passage.
Amendments to the Constitution may be proposed in one of two ways: a two-thirds supermajority votes of each house of Congress or a constitutional convention called by two thirds (currently 34) of the states. Once proposed, the amendment must be ratified by three quarters (currently 38) of the states. Many state constitutions allow or require constitutional amendments to be proposed by supermajorities of the state legislature; these amendments must usually be approved by the voters at one or more subsequent elections. Michigan, for instance, allows the Legislature to propose an amendment to the Michigan Constitution; it must then be ratified by the voters at the next general election (unless a special election is called).http://www.legislature.mi.gov/(S(p22jjt45odksm455blth42nj))/mileg.aspx?page=getObject&objectName=mcl-Article-XII-1
Congress may pass bills by simple majority votes. If the president vetoes a bill, Congress may override
the veto by a two-thirds supermajority of both houses.
A majority of the members of the Electoral College (currently 270 out of 538) is required in order for a president and vice president to be elected. If no candidate for president receives a majority of electoral votes, the House elects, on a state-by-state basis, a president from the top three electoral vote-getters. This requirement proved fatal to Andrew Jackson's candidacy in the 1824 election; while Jackson received the most electoral votes, John Quincy Adams, who came in second in the Electoral College, was elected president by the House. When the House is forced to elect a president, a majority (26 out of 50) of state delegations must vote for the same candidate in order for that candidate to win. This majority requirement caused a great deal of controversy in the 1800 election; Since Thomas Jefferson
and Aaron Burr
each received 73 electoral votes, the House had to choose which one would become president. In the first 34 rounds of balloting, each candidate received support of 8 of the 16 states; finally, on the 35th ballot, Jefferson received the support of 9 states, making him president-elect while Burr would become vice president. If no candidate for Vice president receives a majority of electoral votes, the Senate elects the vice president, each senator having one vote and a majority being required to elect a vice president. In 1837, the Senate elected Richard Mentor Johnson
vice president under this method, the only time it has done so.
A treaty may be ratified by a two-thirds supermajority of the Senate; this last happened in 2010 when the Senate voted 71-26 to ratify the New START
Treaty with Russia
.
Section 4 of the 25th Amendment gives Congress a role to play in the event of a presidential disability. If the vice president and a majority of the president's cabinet declares that the president is unable to serve in that role, the vice president becomes acting president. Within 21 days of such a declaration (or, if Congress is in recess when a president is disabled, 21 days after Congress reconvenes), Congress must vote by two-thirds supermajorities to continue the disability declaration; otherwise, such declaration expires after 21 days and the president resumes his or her role. While Section 3 of this amendment (in which the president declares himself or herself disabled) has been invoked three times, Section 4 has yet to be invoked.
The House may, by a simple majority vote, impeach
a federal official (such as the president, vice president, or a federal judge). Removal from office requires a two-thirds supermajority of the Senate. In 1868, the Senate fell one vote short of removing president Andrew Johnson
following his impeachment
. In 1999, efforts to remove Bill Clinton
following his impeachment in 1998
fell far short of the two-thirds supermajority. Under threat of impeachment from the Watergate scandal
, Richard Nixon
resigned in 1974. The House failed to impeach president John Tyler
in 1842. The impeachment procedure was last used in 2010, when Judge Thomas Porteous
was removed from office. Each chamber may expel one of its own members by a two-thirds supermajority vote; this last happened when the House expelled James Traficant
in 2002.
Theoretically, a two-thirds supermajority in the Senate is 67 out of 100 senators, while a two-thirds supermajority in the House is 290 out of 435 representatives. However, since few votes take place with every seat in the House filled and representative participating, it does not often require 67 senators or 290 representatives to achieve this supermajority.
Apart from these constitutional requirements, a Senate
rule requires a supermajority of three fifths to move to a vote through a cloture
motion, which closes debate on a bill or nomination, thus ending a filibuster
by a minority of members. In current practice, the mere threat of a filibuster prevents passing almost any measure that has less than three-fifths agreement in the Senate, 60 of the 100 senators if every seat is filled and voting.
Parliamentary procedure
Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies...
requires that any action that may alter the rights of the minority has a supermajority requirement (such as a two-thirds majority). Changes to constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
s, especially those with entrenched clauses, commonly require supermajority support in a legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
. A supermajority is absolute if the required percentage or fraction is based on the entire membership rather than on those present and voting.
Three-fifths majority
In the United States SenateUnited States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
, a three-fifths majority is required to bring out a vote of cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
, to end a filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
.
In Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
, USA a three-fifths majority of the Rhode Island General Assembly
Rhode Island General Assembly
The State of Rhode Island General Assembly is the state legislature of the U.S. state of Rhode Island. A bicameral body, it is composed of the lower Rhode Island House of Representatives with 75 representatives, and the upper Rhode Island Senate with 38 senators...
is required to overturn a veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
. In New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
, a three-fifths majority is required to pass most tax increases.
Two-thirds majority
A two-thirds majority is a potentially ambiguous supermajoritarian requirement in some electionElection
An election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
s, especially if minority rights can be changed (e.g., constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
al amendments). There are two kinds of two-thirds majority: the simple or the absolute.
An unqualified or simple two-thirds majority requires that the number of votes in favour must be at least twice the number of votes against. Abstaining votes or neutral votes are not considered in a simple two-thirds majority.
An absolute two-thirds majority requires that at least two-thirds of the entire membership of a body vote in favor.
In parliamentary procedure
Parliamentary procedure
Parliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies...
where a two-thirds majority is required, rather than speaking of a two-thirds majority the unambiguous phrases such as "two thirds of those present and voting", "two thirds of those present" (which has the effect of counting abstentions as votes against the proposal), or "two thirds of the entire membership" ("two thirds of those members duly elected and sworn" in American politics) are used.
The US Mason's Manual
Mason's Manual of Legislative Procedure
Mason's Manual of Legislative Procedure, commonly referred to as Mason's Manual. This 700+ page book serves as the official parliamentary manual of most state legislative bodies in the United States. "Adopted as the authority on questions of parliamentary law and procedure in California, it is to...
notes, "A deliberative body cannot by its own act or rule require a two-thirds vote to take any action where the constitution or controlling authority requires only a majority vote. To require a two-thirds vote, for example, to take any action would be to give to any number more than one-third of the members the power to defeat the action and amount to a delegation of the powers of the body to a minority."
Majority of the entire membership
An absolute majority or majority of the entire membership is a voting basisVoting basis
Voting basis refers to what number or percentage of votes are required for a proposal to be adopted, or for a candidate to be elected. Two elements make up a voting basis: the proportion that must agree and the set of members to which the proportion applies Voting basis refers to what number or...
that requires that more than half of all the members of a body (including those absent and those present but not voting) to vote in favour of a proposition in order for it to be passed. In practical terms, it may mean that abstention from voting is equivalent to a no vote. It may be contrasted with a simple majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...
which only requires a majority of those actually voting to approve a proposition for it to be enacted.
Requirements to reach an absolute majority is a common feature of voting in the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
(EP) where under the ordinary legislative procedure the EP is required to act by an absolute majority if it is to either to amend or reject proposed legislation.
By way of illustration, in February 2007 the Italian Government fell after it won a vote in the Italian Senate
Italian Senate
The Senate of the Republic is the upper house of the Italian Parliament. It was established in its current form on 8 May 1948, but previously existed during the Kingdom of Italy as Senato del Regno , itself a continuation of the Senato Subalpino of Sardinia-Piedmont established on 8 May 1848...
by 158 votes to 136 (with 24 abstentions). The government needed an absolute majority in the 318 member house but fell two votes short of the required 160 when two of its own supporters abstained.
Majority of the fixed membership
A majority of the fixed membership is a supermajority that is based on the total number of the established fixed membership of the deliberative assembly. It is used only when a specific number of seats or memberships is established in the rules governing the organization, e.g. a board of seven members.This majority of the fixed members is set at any number greater than one half of the total possible memberships or seats. For example, on an 8-member board, the majority of the fixed membership is 5 or more.
Most private organizations do not use this standard. The popular parliamentary manual, Robert's Rules of Order
Robert's Rules of Order
Robert's Rules of Order is the short title of a book containing rules of order intended to be adopted as a parliamentary authority for use by a deliberative assembly written by Brig. Gen...
, does not require it for any action. It is sometimes the standard set to adopt some or all actions in state and local government legislative bodies in the United States.
It is possible for organizations that use majority of the fixed membership to be caught in a stalemate
Stalemate
Stalemate is a situation in chess where the player whose turn it is to move is not in check but has no legal moves. A stalemate ends the game in a draw. Stalemate is covered in the rules of chess....
if at least half the membership consists of vacancies, making it impossible to perform any actions until those vacancies are filled.
However, the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
does require a supermajority of the fixed membership on substantive matters (procedural matters require a simple majority of those present and voting). According to Article 27 of the United Nations Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
, at least nine of the Security Council's 15 members (i.e., a three-fifths supermajority) must vote in favor of a draft resolution
United Nations Security Council Resolution
A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security"....
in order to achieve passage. Specifying the fixed membership has the effect of making abstentions count as votes against—absences are not normal but would be treated the same way.
This is useful for the five permanent members of the Council (the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, the Russian Federation
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
, the People's Republic of China
People's Republic of China
China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...
, the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, and France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
) because a vote against from any one of them constitutes a veto
United Nations Security Council veto power
The United Nations Security Council "power of veto" refers to the veto power wielded solely by the five permanent members of the United Nations Security Council , enabling them to prevent the adoption of any "substantive" draft Council resolution, regardless of the level of international support...
, which cannot be overridden. Permanent members who do not support a measure, but are unwilling to be seen to block it against the wishes of the majority of the Council, tend to abstain; abstentions by veto powers are generally seen by close observers of the UN as the equivalent of not vetoing votes against and have the same impact on the decision of the Security Council.
Around the world
The European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
Council of Ministers
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
uses a qualified majority system for its decision-making to balance the interests of small and large member states.
The Indian Constitution requires a supermajority of two-thirds of members present and voting in both houses of Indian Parliament, subject to at least a simple majority of Parliament members voting, to amend the constitution. The amendment needs approval by the President. In addition, in matters affecting the states, one half of the affected states need to approve the amendment.
The Clarity Act
Clarity Act
The Clarity Act is legislation passed by the Parliament of Canada that established the conditions under which the Government of Canada would enter into negotiations that might lead to secession following such a vote by one of the provinces. The Clarity Bill was tabled for first reading in the...
in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
gives the Parliament of Canada
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
the power to decide if a referendum relating to provincial secession
Secession
Secession is the act of withdrawing from an organization, union, or especially a political entity. Threats of secession also can be a strategy for achieving more limited goals.-Secession theory:...
has obtained a "clear majority", implying that some sort of supermajority is needed. If it is determined it has not obtained a supermajority, the results of the referendum will be dismissed and the province cannot declare independence legally.
Referendums on the Republic of China
Republic of China
The Republic of China , commonly known as Taiwan , is a unitary sovereign state located in East Asia. Originally based in mainland China, the Republic of China currently governs the island of Taiwan , which forms over 99% of its current territory, as well as Penghu, Kinmen, Matsu and other minor...
on Taiwan
Taiwan
Taiwan , also known, especially in the past, as Formosa , is the largest island of the same-named island group of East Asia in the western Pacific Ocean and located off the southeastern coast of mainland China. The island forms over 99% of the current territory of the Republic of China following...
require a majority of all registered voters (not merely those voting) for passage.
United States
The Constitution of the United States requires supermajorities in order for certain significant actions to occur.Amendments to the Constitution may be proposed in one of two ways: a two-thirds supermajority votes of each house of Congress or a constitutional convention called by two thirds (currently 34) of the states. Once proposed, the amendment must be ratified by three quarters (currently 38) of the states. Many state constitutions allow or require constitutional amendments to be proposed by supermajorities of the state legislature; these amendments must usually be approved by the voters at one or more subsequent elections. Michigan, for instance, allows the Legislature to propose an amendment to the Michigan Constitution; it must then be ratified by the voters at the next general election (unless a special election is called).http://www.legislature.mi.gov/(S(p22jjt45odksm455blth42nj))/mileg.aspx?page=getObject&objectName=mcl-Article-XII-1
Congress may pass bills by simple majority votes. If the president vetoes a bill, Congress may override
Veto override
A veto override is an action by legislators and decision-makers to override an act of veto by someone with such powers - thus forcing through a new decision. The power to override a veto varies greatly in tandem with the veto power itself. The U.S constitution gives a 2/3 majority Congress the...
the veto by a two-thirds supermajority of both houses.
A majority of the members of the Electoral College (currently 270 out of 538) is required in order for a president and vice president to be elected. If no candidate for president receives a majority of electoral votes, the House elects, on a state-by-state basis, a president from the top three electoral vote-getters. This requirement proved fatal to Andrew Jackson's candidacy in the 1824 election; while Jackson received the most electoral votes, John Quincy Adams, who came in second in the Electoral College, was elected president by the House. When the House is forced to elect a president, a majority (26 out of 50) of state delegations must vote for the same candidate in order for that candidate to win. This majority requirement caused a great deal of controversy in the 1800 election; Since Thomas Jefferson
Thomas Jefferson
Thomas Jefferson was the principal author of the United States Declaration of Independence and the Statute of Virginia for Religious Freedom , the third President of the United States and founder of the University of Virginia...
and Aaron Burr
Aaron Burr
Aaron Burr, Jr. was an important political figure in the early history of the United States of America. After serving as a Continental Army officer in the Revolutionary War, Burr became a successful lawyer and politician...
each received 73 electoral votes, the House had to choose which one would become president. In the first 34 rounds of balloting, each candidate received support of 8 of the 16 states; finally, on the 35th ballot, Jefferson received the support of 9 states, making him president-elect while Burr would become vice president. If no candidate for Vice president receives a majority of electoral votes, the Senate elects the vice president, each senator having one vote and a majority being required to elect a vice president. In 1837, the Senate elected Richard Mentor Johnson
Richard Mentor Johnson
Richard Mentor Johnson was the ninth Vice President of the United States, serving in the administration of Martin Van Buren . He was the only vice-president ever elected by the United States Senate under the provisions of the Twelfth Amendment. Johnson also represented Kentucky in the U.S...
vice president under this method, the only time it has done so.
A treaty may be ratified by a two-thirds supermajority of the Senate; this last happened in 2010 when the Senate voted 71-26 to ratify the New START
New START
New START is a nuclear arms reduction treaty between the United States of America and the Russian Federation with the formal name of Measures for the Further Reduction and Limitation of Strategic Offensive Arms...
Treaty with Russia
Russia
Russia or , officially known as both Russia and the Russian Federation , is a country in northern Eurasia. It is a federal semi-presidential republic, comprising 83 federal subjects...
.
Section 4 of the 25th Amendment gives Congress a role to play in the event of a presidential disability. If the vice president and a majority of the president's cabinet declares that the president is unable to serve in that role, the vice president becomes acting president. Within 21 days of such a declaration (or, if Congress is in recess when a president is disabled, 21 days after Congress reconvenes), Congress must vote by two-thirds supermajorities to continue the disability declaration; otherwise, such declaration expires after 21 days and the president resumes his or her role. While Section 3 of this amendment (in which the president declares himself or herself disabled) has been invoked three times, Section 4 has yet to be invoked.
The House may, by a simple majority vote, impeach
Impeachment in the United States
Impeachment in the United States is an expressed power of the legislature that allows for formal charges against a civil officer of government for crimes committed in office...
a federal official (such as the president, vice president, or a federal judge). Removal from office requires a two-thirds supermajority of the Senate. In 1868, the Senate fell one vote short of removing president Andrew Johnson
Andrew Johnson
Andrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...
following his impeachment
Impeachment of Andrew Johnson
The Impeachment of Andrew Johnson, 17th President of the United States, was one of the most dramatic events in the political life of the United States during Reconstruction, and the first impeachment in history of a sitting United States president....
. In 1999, efforts to remove Bill Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
following his impeachment in 1998
Impeachment of Bill Clinton
Bill Clinton, President of the United States, was impeached by the House of Representatives on charges of perjury and obstruction of justice on December 19, 1998, but acquitted by the Senate on February 12, 1999. Two other impeachment articles, a second perjury charge and a charge of abuse of...
fell far short of the two-thirds supermajority. Under threat of impeachment from the Watergate scandal
Watergate scandal
The Watergate scandal was a political scandal during the 1970s in the United States resulting from the break-in of the Democratic National Committee headquarters at the Watergate office complex in Washington, D.C., and the Nixon administration's attempted cover-up of its involvement...
, Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
resigned in 1974. The House failed to impeach president John Tyler
John Tyler
John Tyler was the tenth President of the United States . A native of Virginia, Tyler served as a state legislator, governor, U.S. representative, and U.S. senator before being elected Vice President . He was the first to succeed to the office of President following the death of a predecessor...
in 1842. The impeachment procedure was last used in 2010, when Judge Thomas Porteous
Thomas Porteous
Gabriel Thomas Porteous, Jr. is a former United States federal judge who served for sixteen years before being impeached and removed from office in December 2010.-Background:...
was removed from office. Each chamber may expel one of its own members by a two-thirds supermajority vote; this last happened when the House expelled James Traficant
James Traficant
James Anthony Traficant, Jr. is a former Democratic Representative in the United States Congress from Ohio . He represented the 17th Congressional District, which centered on his hometown of Youngstown and included parts of three counties in northeast Ohio's Mahoning Valley...
in 2002.
Theoretically, a two-thirds supermajority in the Senate is 67 out of 100 senators, while a two-thirds supermajority in the House is 290 out of 435 representatives. However, since few votes take place with every seat in the House filled and representative participating, it does not often require 67 senators or 290 representatives to achieve this supermajority.
Apart from these constitutional requirements, a Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
rule requires a supermajority of three fifths to move to a vote through a cloture
Cloture
In parliamentary procedure, cloture is a motion or process aimed at bringing debate to a quick end. It is also called closure or, informally, a guillotine. The cloture procedure originated in the French National Assembly, from which the name is taken. Clôture is French for "ending" or "conclusion"...
motion, which closes debate on a bill or nomination, thus ending a filibuster
Filibuster
A filibuster is a type of parliamentary procedure. Specifically, it is the right of an individual to extend debate, allowing a lone member to delay or entirely prevent a vote on a given proposal...
by a minority of members. In current practice, the mere threat of a filibuster prevents passing almost any measure that has less than three-fifths agreement in the Senate, 60 of the 100 senators if every seat is filled and voting.
See also
- Qualified Majority Voting (in the European Union)
- MinoritarianismMinoritarianismMinoritarianism is a neologism for a political structure or process in which a minority segment of a population has a certain degree of primacy in that entity's decision making....
- Parliamentary procedureParliamentary procedureParliamentary procedure is the body of rules, ethics, and customs governing meetings and other operations of clubs, organizations, legislative bodies, and other deliberative assemblies...