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Supermajority

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Supermajority

A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority, the latter sometimes expressed as a "50%+ 1 vote." Supermajority rules in a democracy can help to prevent a majority from eroding fundamental rights of a minority, but can also hamper efforts to respond to problems and encourage corrupt compromises at times when action is taken. Changes to constitutions, especially those with entrenched clauses, commonly require supermajority support in a legislature. In consensus democracy the supermajority rule is applied in most cases.

The first known use of a supermajority rule was in juries during the 100s BC in ancient Rome. In some[which?] cases, two thirds of jurors had to confirm they were ready to take a decision before the matter went to a simple majority vote.

Pope Alexander III introduced the use of supermajority rule for papal elections at the Third Lateran Council in 1179.

In the Democratic Party of the United States, a rule requiring the determination of a presidential nominee by the votes of two-thirds of delegates to the Democratic National Convention was adopted at the party's first presidential nominating convention in 1832. The two-thirds rule gave southern Democrats a de facto veto over any presidential nominee after the Civil War, which lasted until the rule was abolished in 1936.

In the Federalist Papers, Alexander Hamilton and James Madison were critical of supermajority requirements. In Federalist 22, Hamilton wrote that while preventing harmful legislation from being passed, such requirements also prevented beneficial legislation from being passed, and "its real operation is to embarrass the administration, to destroy the energy of government, and to substitute the pleasure, caprice or artifices of an insignificant, turbulent or corrupt junto, to the regular deliberations and decisions of a respectable majority." Hamilton also wrote that such a requirement would encourage "contemptible compromises of the public good". In Federalist 58, Madison wrote that supermajority requirements might help impede the passage of "hasty and partial measures", but "[i]n all cases where justice or the general good might require new laws to be passed, or active measures to be pursued, the fundamental principle of free government would be reversed. It would be no longer the majority that would rule; the power would be transferred to the minority." Madison also wrote that such requirements would encourage secession.

A majority vote, or more than half the votes cast, is a common voting basis. Instead of the basis of a majority, a supermajority can be specified using any fraction or percentage which is greater than one-half. Common supermajorities include three-fifths (60%), two-thirds (66.666...%), and three-quarters (75%). In most cases, if the supermajority fraction or percentage of votes yields a non-whole number, it is rounded to the next higher whole number.

A two-thirds vote, when unqualified, means two-thirds or more of the votes cast. This voting basis is equivalent to the number of votes in favor being at least twice the number of votes against. Abstentions and absences may be excluded when calculating a two-thirds vote.

The two-thirds requirement can be qualified to include the entire membership of a body instead of only those present and voting, but such a requirement must be explicitly stated (such as "two-thirds of those members duly elected and sworn"). In this case, abstentions and absences count as votes against the proposal. Alternatively, the voting requirement could be specified as "two-thirds of those present", which has the effect of counting abstentions but not absences as votes against the proposal.

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