Why requiring more than half the votes can actually undermine democratic rule

Why requiring more than half the votes can actually undermine democratic rule
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In short: Supermajorities are designed to protect minorities and ensure stability, yet history and political theory suggest they often invite gridlock and corruption. By raising the threshold for action, these rules can effectively transfer power from a respectable majority to a small, obstructive minority, potentially stalling essential progress and public good.

A supermajority is any voting threshold exceeding the simple majority of 50% plus one. While often framed as a safeguard against the 'tyranny of the majority'—protecting fundamental rights or preventing hasty, partial legislation—critics argue that these requirements can lead to the 'tyranny of the supermajority.' Alexander Hamilton and James Madison, writing in the Federalist Papers, warned that such rules could destroy the energy of government, encourage contemptible compromises, and allow an insignificant junto to block the regular deliberations of a respectable majority.

The origins of these rules trace back to ancient Roman juries in the 100s BC, where two-thirds of jurors had to agree before a decision could proceed. By 1179, Pope Alexander III mandated supermajorities for papal elections. In modern governance, these thresholds vary widely. The US Constitution frequently utilizes a two-thirds requirement for treaty ratification, impeachment convictions, and veto overrides. Other nations employ even higher bars; for instance, Denmark requires a five-sixths majority in the Folketing to cede national sovereignty to international bodies like the European Union.

The mechanism of a supermajority can be highly sensitive to how it is calculated. A requirement of 'two-thirds of those present' differs significantly from 'two-thirds of the total membership,' as the latter treats absences and abstentions as votes against a proposal. This nuance can be exploited to manipulate outcomes. Furthermore, supermajorities are often applied to constitutional amendments, as seen in Florida’s 60% requirement or Australia’s complex 'double majority' system. While intended to ensure broad consensus, these pivot points can increase political volatility, particularly in polarized environments where the minority gains the power to veto the general good.

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