Reply to Tom Round of 12-09-96

[donald at mich.com]

Greetings to List members,

Donald wrote:
>    I would ask you to consider having an even number on the Supreme Court
at all times. Any small body should be an even number because it is not
acceptable to have a measure pass by the vote of only one person. If there
is a vacancy on the body the measure must still pass by the same even number
that is the majority of the full body.

Tom wrote:
I would disagree with Donald here. I think, for decisions (whether all or
only some) on which, it is thought, bare 50% + 1 majority rule is not
sufficient, one should specify a definite percentage required as a
super-majority - say 60%, two-thirds, three-quarters, whatever. Raising the
quota above 50% + 1 indirectly, by having an even number, would allow a
determined majority to circumvent the requirement by increasing the size of
the body. A majority of 8 judges equals 75% of the total. Whereas 51 out of
100 Senators is only 51% of the total, and 219 out of 436 US Reps would be
barely 50.2% of the total.

Donald writes:
     Allow me to restate my position. I am in favor of Conclusive Majority
(Super Majority) of at least fifty-five percent for all bodies. That would
require a margin of at least ten percent over those that oppose a measure.

     But - I am opposed to the vote of a single person being this margin.
In either a Supreme Court or a City Council, I know that five out of nine
is more than fifty-five percent, but it is only the difference of one vote.
I wish to avoid the "flip-flop" condition in which the reversal of one vote
could mean the reversal of a measure at a later date. Therefore I feel that
a body of twenty or less should be an even number.

     We the people have the right to expect a body to make up their
collective minds one way or the other and to stick to that position with at
least the same amount of commitment as they had in making the decision -
which brings up another thought.

     Maybe we should have a rule which states: If a law is to be overturned
it can only be overturned by the same percentage by which the law was
passed in the first place. This is merely an idea I'm running up the flag
pole to see if anyone will salute it.

Donald   http://www.mich.com/~donald