Sunday, June 26, 2022

Supermajority

 

Sunshine Superman

Superman or Green Lantern ain't got a-nothin' on me
I can make like a turtle and dive for your pearls in the sea, yeah
A you-you-you can just sit there a-thinking on your velvet throne
'Bout all the rainbows a-you can a-have for your own

We don’t need a Superman.  We need a supermajority.

The most important decisions of the United States constitutionally require a supermajority.  E.g.

“…The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present…”

“…Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member…”

“….If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law…. 

“…Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill…”

“…A quorum for this Purpose (counting Electoral College votes) shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice…”

 

“….He (the President) shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur;…

…The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress;

14th Amendment …No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability

25th Amendment …If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office….

In other words, the most important decisions of the United States, according to its Constitution, require, not a simple majority but, a supermajority.  It boggles the mind that opinions of the Supreme Court are NOT considered to be important decisions that also should require a supermajority. It is the responsibility of the Chief Justice of the Supreme Court, not to try like Neville Chamberlin and appease a minority who have become a majority in one institution, but instead require that all Supreme Court decisions by HIS Supreme Court should be by a supermajority of the sitting justices.  Criminal juries require a unanimous finding.  Civil juries require a supermajority finding.  Should not the same be expected of the Supreme Court?

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