The U.S. Constitution provides for a super-majority vote in the U.S. Senate for the following reasons:

1. Overriding presidential vetos
2. Removing Federal officers through impeachment
3. Ratifying teaties
4. Expelling members from the House or Senate
5. Proposing constitutional amendments

The 14th and 25th amendments added provisions for other super majority requirements related to holding civil or military office while engaged in “insurrection or rebellion” and presidental succession.

However, even though the founding fathers clearly intended regular legislative matters to require a simple majority vote, evidenced by the grant of a vote to the Vice President in those cases where the Senators are “equally divided”, the U. S. Senate by “rules and precedents” require either a two-thirds or a three/fifths vote for the following:

1. Invoke Cloture -
Requires three-fifths vote on most questions and two-thirds vote to amend Senate rules.

2. Suspend the Rules -
Two-thirds vote to suspend the standing rules of the Senate

3. Postpone Treaty Consideration Indefinitely -
Requires a vote of two-thirds

4. Make A Bill A Special Order -
Requires a vote of two-thirds

5. Waive the Congressional Budget Act of 1974 -
Requires a vote of three-fifths

The most common way for a minority of members of the U. S. Senate to delay or kill legislation is to prevent cloture (the closure of debate).

As described above, invoking closure requires a vote of three-fifths of all Senators (60 of 100).

This requirement adopted as a rule of the Senate, not a constitutional requirement, means that 41 Senators can block any legislative proposal.

If you add up the population if the 21 smallest states, which would be represented by 42 Senators, the total population in those states equals approximately 11 percent of the total population.

This means, that under Senate RULES, any legislative proposal in the United States Senate can be blocked by Senators representing only 11 percent of the population.

Clearly, our Founding Fathers did not intend to allow such a minority to potentially control the legislative process.

A review of the circumstances under which the Founding Fathers, included in the Constitution, requirements for super-majorities reinforces the conclusion that the U. S. Senate by RULE has substantially modified the intent of our Consitution.