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Old 12-06-2010, 8:18pm   #6
Exotix
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Originally Posted by Kneel 8250 View Post
I know I don't know a lot about American politics but don't the Democrats have a majority in both houses still???? So doesnt that make it that Democrats that are voting against your elected President??????????
Supermajority
http://en.wikipedia.org/wiki/Supermajority
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 constitutions, 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.





Fractional supermajorities


Three-fifths majority

In the United States Senate, 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.



Two-thirds majority

A two-thirds majority is a potentially ambiguous supermajoritarian requirement in some elections, especially if minority rights can be changed (e.g., constitutional 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."



Majority of the entire membership ~ See also: Absolute majority.

In parliamentary procedure, another type of supermajority is a majority of the entire membership that is based on the total number of voting members of the society.
It is any number more than one half of the total number of members.

To illustrate, if the society has 35 members a majority of the entire membership is more than 17.5 votes (usually 18, unless there are fractional votes).
If only 20 members attend, a motion receiving 17 votes for adoption would not meet this requirement, even if the other 3 members chose not to vote, i.e. abstained.

Some parliamentary authorities, such as Robert's Rules of Order, use a majority of the entire member as an alternate method to Rescind or Amend Something Previously Adopted or to adopt special rules of order.



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, 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.

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.

Since it is rare for any member of the Security Council to be absent at a meeting, and because it is virtually impossible to have a vacancy in the membership of the Council given that its members are member states rather than individuals, specifying the fixed membership has the effect of making abstentions count as votes against—absences are not normal.

This is very useful for the five permanent members of the Council (to wit, the United States, the Russian Federation, the People's Republic of China, the United Kingdom, and France), because the lack of a vote in favour from any one of them constitutes a veto which cannot be overridden.

Permanent members who do not wish a measure to be passed but are unwilling to be seen to block it against the wishes of the rest of the Council tend to abstain; abstentions by veto powers are generally seen by close observers of the UN as votes against.





Around the world

The European Union Council of Ministers uses a qualified majority system for its decision-making to balance the interests of small and large member states.




The United States Senate 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.



The United States Constitution requires a supermajority of two-thirds of both houses of Congress to propose a Congress-driven constitutional amendment; it also requires a three-quarters supermajority of state legislatures for final adoption of any constitutional amendment, a two-thirds supermajority of both houses of Congress to pass a bill over the president's veto, a majority of the fixed membership to elect a President and Vice President (of Electors in the Electoral College, or if the election should pass to the Congress to decide, a majority of State delegations in the House to elect the President, and a majority of Senators to elect the Vice President), and a two-thirds supermajority of the Senate to ratify a treaty.




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, a two-thirds majority 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.
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