Legal Definitions - constitutional majority

A constitutional majority refers to a specific voting threshold that is explicitly mandated by a constitution or a foundational governing document for certain actions. This requirement often sets a higher bar than a simple majority (more than half of those present and voting), sometimes demanding a majority of all members of a body, or a supermajority (like two-thirds) of either all members or those present, depending on the specific constitutional text. It is typically reserved for decisions of profound importance, ensuring broad consensus and stability for fundamental changes or critical governmental functions.

• Example 1: Impeachment in a City Council

  Imagine a city's charter, which serves as its foundational governing document, outlines the process for removing a city official. The charter might state that to impeach and remove the mayor, a vote of two-thirds of all 15 members of the city council is required. This means at least 10 votes are needed, even if only 12 council members are present at the meeting. This higher threshold is a constitutional majority because it ensures that such a serious action has strong support from the entire body, not just a slim majority of those who happen to be present.

• Example 2: Amending a University's Founding Charter

  Consider a private university whose board of trustees wants to make a fundamental change to its original founding charter, such as altering its core mission statement or governance structure. The university's charter might stipulate that any amendment requires the approval of three-fourths of the entire 20-member Board of Trustees. This means 15 votes are necessary, regardless of how many trustees attend a particular meeting. This specific requirement is a constitutional majority designed to protect the institution's core principles and long-term vision from being easily changed by a simple majority.

• Example 3: Ratifying an International Treaty

  In a particular country, the executive branch has negotiated an international treaty, and its constitution requires legislative approval for ratification. The country's constitution might specify that an international treaty can only be ratified with the consent of two-thirds of the total members of its Senate. If the Senate has 100 members, 67 votes are required for ratification, even if only 80 senators are present and voting. This high constitutional majority ensures that significant international commitments have broad and enduring support across the political spectrum before becoming binding law.