Constitutional FAQ Answer #138

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Q138. “In what instances is a ‘Supermajority’
required under the US Constitution?”

A. The specific instances in which the US Constitution requires a
super-majority are limited to:

Convicting an Impeachment (2/3 majority in the Senate — Article 1, Section 3)
Expulsion of a member of one house of Congress (2/3 vote of the house in
question — Article 1, Section 5)
Override a Presidential Veto (2/3 majority in both the House and the
Senate — Article 1, Section 7)
Ratify a treaty (2/3 majority in the Senate — Article 2, Section 2)
Passing of a Constitutional Amendment by Congress (2/3 majority in both
the House and the Senate — Article 5)
Calling for a Constitutional Convention (2/3 of the state legislatures
— Article 5)
Ratifying a Constitutional Amendment (3/4 of the states — Article 5)
Restore the ability of certain rebels to serve in the government (2/3
majority in both the House and the Senate — 14th Amendment)
Approval of removal of the President from his position after the Vice
President and the Cabinet approve such removal and after the President
contests the removal (2/3 majority in both the House and the Senate 25th Amendment)

Additionally, it should be noted the in a few cases, the Constitution
requires a super-majority for a quorum. A quorum is that number of members of a
body that are required for the body to do any work. For example, there is
usually a 50% quorum requirement in the House and Senate — at least half
the members must be present. In the Constitution, super-majority quorums are
required as follows:

Choice of a President in the House when no majority of electoral votes is
achieved (member or members from 2/3 of the states 12th Amendment)
Choice of a Vice President in the Senate when no majority of electoral
votes is achieved (2/3 of all Senators 12th
Amendment)

Last Modified: 16 Aug 2010

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