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© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .
NEW YORK • WASHINGTON • DENVER • SEATTLE • LOS ANGELES • SAN FRANCISCO • AUSTIN• LONDON • HONG KONG • BEIJING • DUBAI
ASPEN IDEAS FESTIVAL“DOES THE US CONSTITUTION STILL WORK FOR 21ST CENTURY AMERICA?”JULY 9, 2010
2
METHODOLOGY
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .CONFIDENTIAL
Between June 18 and June 22, 2010, PSB conducted 1000 online interviews with GP Americans.
Between June 30 and July 5, PSB conducted an additional 500 online interviews with GP Americans to gain insight on supplemental questions.
• The following audiences are shown throughout this report:
• Gender• Male (M)• Female (F)
• Region• Northeast (NE)• Midwest (MW)• South (S)• West (W)
• Political Affiliation• Democrat (Strong or weak) (D)• Republican (Strong or weak) (R)• Independent (I)
• Income• Less than $75k annual household income (<$75k)• More than $75k annual household income (>$75k)
• The margin of error is +/-3.1% for the first fielding, +/-4.4 for the re-field.
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .3
TABLE OF CONTENTS
This presentation outlines America’s attitudes towards the following:
1
2
3
4
The U.S. Constitution as a Governing Document
Rights Protected in the U.S. Constitution
The Current System of Government Under the U.S. Constitution
What should change? And What Should Not Change?
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .4
FOUR CLEAR TRENDS TO WATCH
The American people are solidly behind the basic principles of the Constitution
But they are divided on its interpretation
Are deeply frustrated with its current implementation
And want changes that give the people more power
1
2
3
4
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .5
FUNDAMENTAL ATTITUDES ABOUT THE CONSTITUTION
Americans say that the Constitution is a timeless document and should be
changed minimally.
Most say the Constitution is still effective today, more than 200
years after it was written, but are split as to whether the Constitution should be
interpreted broadly or literally.
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .6
THE CONSTITUTION IS STILL EFFECTIVE AND SHOULD BE CHANGED MINIMALLY
32
60
Needs significant updates
Is timeless and should be changed minimally
The Constitution…
30
54
Is no longer as effective as it
was when it was written
Is still effective
today
• Although, approximately one-third say the Constitution needs significant updates and is no longer as effective as it was when it was written.
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .7
AMERICANS ARE OPEN TO BROAD INTERPRETATION OF THE CONSTITUTION• Women and Democrats are more likely to be open to broad interpretations
while men and Republicans more likely to be strict constructionists.
Which of the following is closest to your view?
The U.S. Constitution
should be interpreted as
literally as possible
The U.S. Constitution
should be more broadly interpreted
to take into account the
changes of modern society
42 14 43
Don’t know
All
Gender Region Political Affiliation Income
M F NE MW S W D R I <$75k >$75k
The U.S. Constitution should be interpreted as literally as possible 42 48 37 34 44 45 43 24 69 41 45 36
The U.S. Constitution should be more broadly interpreted to take into account the changes of modern society
43 40 46 48 39 43 44 65 23 42 40 52
Don’t know 14 12 17 19 17 12 13 11 8 17 15 12
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .8
MOST AMERICANS SAY THAT THE SYSTEM OF CHECKS AND BALANCES WORKS WELL
• Across all subgroups, a majority of Americans support the system of checks and balances among the branches of government and say it is effective in preventing any single branch from having too much power.
Which of the following is closest to your view?
64
19
Checks and balances works
well (because it prevents any one
branch from having too much power )
Checks and balances does not work well
(because it inhibits too much the
government’s ability to get anything done)
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .9
ONLY ONE QUARTER OF AMERICANS SAY THE PRESS HAS TOO MUCH FREEDOM
Do you think there is too much or too little freedom of the press?
The right amount Too much Too little Don't know
46
28
18
8
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .10
ATTITUDES ABOUT CONSTITUTIONAL RIGHTS
Americans say Freedom of speech is the most important right the U.S. Constitution guarantees.
The majority of Americans would like to see the Constitution protect more rights – notably expanding equality and privacy rights.
Americans are split as to whether the Constitution protects all citizens equally, and question extending citizens’ rights to corporations, criminals, and terrorists.
The majority of Americans believes that terrorists should be treated differently than other criminals.
Rights for All
Rights for
Some
AMERICANS SAY FREEDOM OF SPEECH IS THE MOST IMPORTANT RIGHT THE CONSTITUTION GUARANTEES
Least important
right
Most important
right
0
11
100
Right to bear arms
Freedom of the press
Right to trial by
jury
No cruel or unusual punishment
Right to vote
Freedom of religion
Freedom of speech
(85)
Freedom of
assembly
Right to “plead the
5th”
You will now see the rights that are currently protected by the Constitution. Using your mouse, please arrange the individual rights from right to left in terms of which is most important.
No unauthorized arrests
(55)
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .12
MAJORITY AGREE CONSTITUTION SHOULD PROTECT MORE RIGHTS
Which of the following is closest to your view?
10
61 The Constitution should protect more rights
The Constitution should protect fewer rights
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .13
AMERICANS’ ATTITUDES ON RIGHTS THAT SHOULD BE GUARANTEED
Which of the following rights do you think the U.S. Constitution should guarantee, if any?multiple responses permitted
22
41
43
47
47
49
51
51
55
55
56
59
65
68
69
70Right to equality regardless of gender
Right to equality
Right to privacy
Right not to be enslaved
Right to own property
Right to an education
Right to equality regardless of sexual orientation
Right to an attorney
Right to security of person
Right not to incriminate yourself
Right to social securities
Right not to be tortured
Right to health care
Right to get married
Right to employment
Right to paid vacation time
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .14
AMERICANS ARE SPLIT OVER WHETHER THE CONSTITUTION PROTECTS EVERYONE EQUALLY
• Men and Republicans are more likely to say that the Constitution protects everyone, while women and Democrats are more likely to say that it protects some more than others.
Which of the following is closest to your view?
The U.S. Constitution
protects some people more than
others
The U.S. Constitution
protects everyone equally
44 47
All
Gender Region Political Affiliation Income
M F NE MW S W D R I <$75k >$75k
The U.S. Constitution protects everyone equally 47 59 36 35 47 46 59 38 69 43 43 59
The U.S. Constitution protects some people more than others 44 32 55 54 43 46 34 54 21 52 47 35
Don’t know 9 8 9 11 9 9 7 8 10 6 10 5
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .15
AMERICANS DIVIDED OVER CIVIL LIBERTIES VS. NATIONAL SECURITY
Which of the following is closest to your view?
Protecting national security is more important than civil liberties
44%Civil liberties are more important than protecting national security.
39%
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .16
MORE THAN HALF SEE CIRCUMSTANCES WHERE THE POLICE COULD VIOLATE CIVIL LIBERTIES TO PROTECT NATIONAL SECURITY
Which of the following is closest to your view?
There are circumstances
under which the police should be allowed to violate civil liberties to protect national
security.
There are NO circumstances
under which the police should be allowed to violate civil liberties to protect national
security.
Don’t know
56 13 31
All
Gender Region Political Affiliation Income
M F NE MW S W D R I <$75k >$75k
There are circumstances under which the police should be allowed to violate civil liberties in order to protect national security.
56 59 52 58 62 54 50 54 61 56 54 61
There are no circumstances under which the police should be allowed to violate civil liberties in order to protect national security.
31 32 31 30 21 33 37 35 24 33 31 32
Don’t know 13 9 17 12 16 13 13 11 16 11 15 7
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .17
51
41
AMERICANS QUESTION EXTENDING CITIZENS’ RIGHTS TO CORPORATIONS, CRIMINALS, AND TERRORISTS
How much do you agree with the following statement: “____ should have the same rights as citizens guaranteed by the Constitution.”
64 80
3214
AgreeDisagree
Criminals Terrorists
60328 Yes No
Don't know
Should the judicial system treat
terrorists differently than
criminals?
Corporations
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .18
Despite satisfaction with the Constitution, only 25% of Americans are satisfied with the way the government functions today
Nearly 70% of Americans say that the Government today is functioning WORSE than intended.
ATTITUDES ABOUT THE CURRENT SYSTEM OF GOVERNMENT
By 2 to 1, Americans agree that the system works best when the Executive and Legislative branches are controlled by different parties, and the majority of Americans would like to see more bipartisanship (58%).
19
ONLY 25% OF AMERICANS SATISFIED WITH THE WAY GOVERNMENT FUNCTIONS TODAY
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .
How satisfied are you with the way the federal government functions today?
25%Satisfied with the way the federal
government functions
71%Dissatisfied with the way the federal
government functions
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .20
MAJORITY SAY THAT GOVERNMENT TODAY DOES NOT WORK AS WELL AS THE FRAMERS INTENDED
Do you think that the U.S. government today is working better than, worse than, or as well as the framers of the constitution intended?
10
14
68
8 Better than intended
As well as intended
Worse than intended
Don’t know
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .21
BY 2 TO 1, AMERICANS PREFER DIVIDED GOVERNMENT
Which of the following is closest to your view?
The government works best when the
Presidency and Congress are
controlled by the same party – it’s
easier to get things done.
The government works best when the
Presidency and Congress are controlled by
different parties – otherwise one group gets too much power
27 23 50
Don’t know
44% of Democrats prefer one-party controlling both branches
72% of Republicans prefer different parties
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .22
AMERICANS WOULD LIKE TO SEE MORE BI-PARTISANSHIP AND COLLABORATION
Do you think there is too much or too little collaboration between political parties?
11
58
15
17
The right amountToo littleToo muchDon't know
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .23
MAJORITY SAY ALL BRANCHES OF GOVERNMENT SHOULD BE EQUAL
Thinking of the three branches of government, which branch do you feel should have the most power?
54
16 12 8
They should all be equal
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .24
LEGISLATIVE BRANCH IS PERCEIVED TO HAVE BIGGEST IMPACT ON DAILY LIFE
• Across all subgroups, a plurality of Americans say that Congress has the biggest impact on their daily lives, while close to 1 in 5 say they don’t know.
Which branch of the government has the largest impact on your daily life?
14
55
1417
Don’t know
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .25
WHAT AMERICANS ARE OPEN TO CHANGING
To fix the current governmental system, Americans are open to some changes in the Constitution, particularly in the judicial branch.
Americans are open to electing
the President through a direct
vote and imposing a mandatory
retirement age, but do not want to
change citizenship requirements.
Americans are open to extending term lengths, but will not change
age requirements or impose a mandatory
retirement age.
Americans would like to elect
Supreme Court Justices directly,
impose a mandatory
retirement age, and limit the
amount of time that justices can
serve.
Americans are open to granting
equal representation to
the District of Columbia and to granting states
with larger populations MORE representation in the U.S. Senate.
The Executive Branch
The Legislative Branch
The Judicial Branch
State Representation
AMERICANS ARE SOMEWHAT OPEN TO CHANGES IN THE EXECUTIVE BRANCH
1438 50 60 63
83 71
7451 42 31 26
11 22
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .26
Open to Changing Not Open to Changing
Abolish the electoral college*
Impose a retirement age
for the President
Allow the President to
serve a 3rd non-consecutive
term*
Allow the President to serve a 3rd
consecutive term*
Update to one six-year term for
the President*
Update the age requirement for the President
Update the President’s citizenship
requirements
Change the current system
Maintain the current
system
*Re-field data collected between June 30-July 5, 2010
AMERICANS ARE OPEN TO SOME CHANGES FOR THE LEGISLATIVE BRANCH
23 35 45
80 79
6653
4014 16
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .27
Open to Changing Not Open to Changing
Impose a retirement age for members of
CongressDo away with the
filibuster*
Extend House term lengths to four
years*
Update age requirement for
Senators
Update age requirement for members of the
House
Change the current system
Maintain the current
system
*Re-field data collected between June 30-July 5, 2010
AMERICANS ARE MOST OPEN TO CHANGING THE JUDICIAL BRANCH
23 26 34
69 6651
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .28
Open to Changing
Change the current system
Maintain the current
system
Impose a mandatory retirement age for
justices*
Impose term limits on justices*
Elect justices rather than appoint them
*Re-field data collected between June 30-July 5, 2010
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .29
MAJORITY SAYS JUSTICES SHOULD BE ELECTED• Men are split on this issue while women strongly favor electing judges over
having them appointed.
Do you believe that Supreme Court justices should be...?*
All
Gender Region Political Affiliation Income
M F NE MW S W D R I <$75k >$75k
Elected 51 42 60 44 46 59 50 55 54 45 55 41
Appointed 34 41 27 33 36 32 36 38 32 36 28 50
Don’t know 15 17 13 24 18 9 14 7 14 18 17 8
5134
15ElectedAppointedDon’t know
*Re-field data collected between June 30-July 5, 2010
AMERICANS ARE OPEN TO MAKING CHANGES IN THE SYSTEM OF REPRESENTATION
3050 56
49 40 30
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .30
Open to Changing
Allow DC equal representation in
Congress
States with a larger pop. should have more
representation in the U.S. Senate
Give 4 Senate seats to big states, 3 to medium-
sized states and 2 to small states
Change the current system
Maintain the current
system
Not Open to Changing
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .31
AMERICANS SUPPORT CONSTITUTIONAL CHANGES BY POPULAR REFERENDA• Democrats are more likely than Republicans to favor utilizing popular referenda
to amend the Constitution.
Would you favor or oppose being able to change the Constitution by popular referenda, where citizens can propose changes and then the entire country would vote on the issue by popular vote?
All
Gender Region Political Affiliation Income
M F NE MW S W D R I <$75k >$75k
Total Favor 49 49 50 54 55 46 45 58 47 47 54 40Strongly favor 22 24 21 33 31 22 6 22 22 24 23 22Somewhat favor 27 25 29 21 24 24 39 36 25 23 31 18Total Oppose 41 48 35 35 39 44 45 35 42 48 39 50Somewhat oppose 16 17 15 15 12 22 12 15 12 20 18 12Strongly oppose 25 31 20 20 27 22 33 20 30 28 21 38Don’t know 9 2 15 11 6 10 9 7 10 6 8 11
24
22
9
16
25
Strongly favor
Somewhat favor
Don’t know
Somewhat oppose
Strongly oppose
49
41
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .32
ROADMAP OF CONSTITUTIONAL CHANGES
Americans are open to making at least a few changes to all branches of government
Least willing to change
Most willing to change
Extend house terms to four years (40%)*
DC should have representation
(49%)
Allow President to serve a 3rd non-
consecutive term (42%)*
Mandatory retirement age for
the President (51%)
Mandatory retirement age for
justices (69%)*
Abolish the electoral college
(74%)*
Limit justices’ term in office
(66%)*
Mandatory retirement age for
the Congress (66%)
Do away with the filibuster (53%)*
Supreme Court Justices should be elected (51%)
*Re-field data collected between June 30-July 5, 2010
States with a larger pop.
should have more reps (40%)
© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .33
IN SUM, FOUR CLEAR TRENDS TO WATCH
The American people are solidly behind the basic principles of the Constitution
But they are divided on its interpretation
Are deeply frustrated with its current implementation
And want changes that give the people more power
1
2
3
4