Article:
John
O. McGinnis & Michael B. Rappaport, Our Supermajoritarian
Constitution, 80 TEXAS L. REV. 703 (2002).
Abstract:
Professors
McGinnis and Rappaport propose a new theory of the Constitution:
supermajoritarianism.
A constitutive thesis maintains that the important
processes of government, from treaty-making to legislating, are
supermajoritiarian rules of varying strictness; as a normative
matter, it is argued that such rules are attractive because they
often improve the outputs of government. A formation thesis
asserts that the Constitution is formed and amended by strict
supermajority rules. The
authors classify supermajority rule as a distinctive American
innovation in the science of constitutionalism, and suggest that
supermajoritarian underpinnings strongly support an originalist
approach to constitutional interpretation.