Supermajority votes are vital to a functioning republic – San Bernardino County Sun

There is no dispute that Proposition 5, if passed, would result in higher property taxes for California homeowners. Want proof?

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

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

Faced with the truth about what Proposition 5 really does, supporters resurrect another tired argument: namely, that a two-thirds supermajority 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 voting requirements have a long history. In 1179, Pope Alexander III used supermajority rule for papal elections at the Third Lateran Council. But far more relevant to the American constitutional framework are all cases in the US constitution requiring a two-thirds vote.

• Impeachment: In the case of impeachment of federal officials, the House of Representatives may introduce members for impeachment by a simple majority. But any conviction in the subsequent trial in the Senate requires a 2/3 majority vote of the members present in the Senate. (Art. 1, item 3)
• Expulsion of a member of Congress: Expulsion of a member of Congress requires a 2/3 majority in the House or Senate. (Article 1, Section 5)
• Veto override: Overcoming a presidential veto of a bill requires a 2/3 majority vote in both the House and Senate. (Article 1, Section 7)

• Amendment of the constitution: Congressional approval of a joint resolution proposing an amendment to the US Constitution requires a 2/3 majority of the members present and voting in both the House and Senate. (Article 5)
• Convening of a constitutional convention: As a second method of amending the constitution, the legislatures of 2/3 of the states (34 states) can vote to ask the US Congress to call a constitutional convention. (Article 5)
• Ratification of amendment: Ratification of a constitutional amendment requires the approval of 3/4 (38) of the state legislatures. (Article 5)
• Ratification of a contract: Ratification of treaties requires a 2/3 majority of the Senate. (Article 2, Section 2)
• Contract postponement: The Senate may pass a motion to indefinitely postpone consideration of a treaty by a 2/3 supermajority vote. (Rules of the Senate)

As should be evident from the above, supermajorities are necessary in cases that warrant a higher degree of consensus than a simple majority. They also impede policy change because they are less likely to swing from one side of an issue to the other depending on just a handful of votes. In this way, supermajorities promote discussion, compromise and stability.