To: RandallFlagg
Can somebody please list the 5 (or is it 7?) instances the Constitution states require a supermajority?
To: Howlin
Treaties
Over-ride preseidential veto
"Finding of guilt" in impeachment trial (trial in Senate)
Expel a member of House or a member of Senate
Propose amendments to the Constitution
To: Howlin
There are only five areas where the founders believed supermajorities are necessary:
Ratification of a Treaty
Override of a Presidential Veto
Conviction in a case of Impeachment
Passage of a Constitutional Amendment
Expulsion of a Member
Amendments to the Constitution have added two other supermajority requirementsone, a post-Civil War disqualification rule for serving in Congress; and another regarding a determination of whether a President is disabled.
6,984 posted on
11/14/2003 9:20:03 AM PST by
kcvl
To: Howlin
There are five instances in which the Senate itself is forbidden to act except by a supermajority. However, there are 55 instances in the Constitution which are anti-majoritarian, meaning either requiring a supermajority (2/3rds of House and Senate, plus 3/4ths of the state, for amendments) or absolute prohibition of a majority decisions (Congress shall make no law respecting ....)
Three months ago, I wrote a long article for an organization of 2,500 state legislatures on the subject of anti-majoritarian provisions in the US Constitution. I'm waiting for word that my article is in print.
Congressman Billybob
Latest column, " 'Preserving' the Constitution by Spitting on It," discussion thread. IF YOU WANT A FREEPER IN CONGRESS, CLICK HERE.
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