Proposed Constitutional Amendments to Require a Two Thirds Vote to Increase Taxe

Federalism United States Congress Senate Committee On the

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The framers of the constitution had experience with these rules and un- derstood what they were rejecting.
In the Federalist Papers No. 58, James Madison, one of the key figures in drafting the Constitution, explained why the Constitution rejected supermajority rule: It has been said that more than a majority ought to have been required for a quorum, and in particular cases, if not in all, more than a majority of a quorum for a decision. * * * [But that would mean] * * * [i]n all cases where ju...stice or the general good might require new laws to be passed, or active measures to be pursued, the fundamental principle of free government would be reversed. It would be no longer the majority that would rule; the power would be transferred to the minority. Were the defense privilege limited to particular cases, an inter- ested minority might take advantage of it to screen themselves from equitable sacrifices to tne general weal, or in particular emergencies to extort unreasonable indulgences.

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