close
close

Supermajority votes are essential to a functioning republic – Daily News

Supermajority votes are essential to a functioning republic – Daily News

There is no question that Proposition 5, if passed, will result in higher property taxes for California homeowners. Do you want proof?

Here is the official analysis from the Legislative Analyst: “Recent local election results suggest that an additional 20 to 50 percent of local bond measures would have passed under Proposition 5’s lower approval requirement. These measures would cost several billion dollars over many years have delivered. A lower voter approval requirement could also mean that local governments propose more measures.”

To summarize, Proposition 5 would lower the voting threshold for local bonds from two-thirds to 55%. The two-thirds voting requirement for local general obligation bonds was adopted in 1879 as a safeguard against excessive local-level debt repaid by property owners.

Faced with the truth about what Prop. 5 actually does, its proponents revive another tired argument: that is, that the supermajority of the two-thirds majority is somehow “inherently undemocratic.” Although this claim has been repeatedly discredited, it is useful to understand why supermajority votes are critical to any functioning government.

First, supermajority requirements have a long history. In 1179, Pope Alexander III used supermajority rule for papal elections at the Third Lateran Council. But much more relevant to the US constitutional framework are all cases in the US Constitution that require a two-thirds majority.

  • Deposition: In cases of impeachment of federal officials, the House of Representatives may introduce articles of impeachment by a simple majority vote. But any conviction in the subsequent Senate trial requires a two-thirds majority vote of the members present in the Senate. (Article 1, Section 3)
  • Expelling a congressman: Expelling a member of Congress requires a 2/3 majority vote in the House of Representatives or the Senate. (Article 1, Section 5)
  • Overriding a veto: Overriding a presidential veto on a bill requires a 2/3 majority vote in both the House of Representatives and the Senate. (Article 1, Section 7)
  • Amendment of the ConstitutionCongressional approval of a joint resolution proposing an amendment to the U.S. Constitution requires a two-thirds majority of members present and voting in both the House of Representatives and the Senate. (Article 5)
  • Call for a Constitutional Convention: As a second method of amending the Constitution, the legislatures of 2/3 of the states (34 states) can vote to request that the United States Congress convene a constitutional convention. (Article 5)
  • Ratify an amendment: Ratification of an amendment to the Constitution requires the approval of 3/4 (38) of state legislatures. (Article 5)
  • Ratifying a treaty: Ratifying treaties requires a 2/3 majority vote of the Senate. (Article 2, Section 2)
  • Postpone a treaty: The Senate may adopt a motion to postpone consideration of a treaty indefinitely by a 2/3 majority vote. (Senate Rules)

As should be clear from the above, supermajorities are required in those cases that warrant a greater degree of consensus than a simple majority alone. They also hinder policy changes by being less likely to move from one side of an issue to another depending on just a handful of votes. In this way, supermajorities encourage deliberation, compromise, and stability.