PSB Constitution Poll for Aspen Ideas

© P E N N , S C H OE N & B E R LA ND A S S OC I ATE S , LLC .

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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?


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


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.


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.


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


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


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.


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)


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


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)


MAJORITY AGREE CONSTITUTION SHOULD PROTECT MORE RIGHTS


10

61 The Constitution should protect more rights

The Constitution should protect fewer rights


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


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.



protects some people more than

others


protects everyone equally

44 47

All



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


AMERICANS DIVIDED OVER CIVIL LIBERTIES VS. NATIONAL SECURITY


Protecting national security is more important than civil liberties

44%Civil liberties are more important than protecting national security.

39%


MORE THAN HALF SEE CIRCUMSTANCES WHERE THE POLICE COULD VIOLATE CIVIL LIBERTIES TO PROTECT NATIONAL SECURITY


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



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


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


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


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


BY 2 TO 1, AMERICANS PREFER DIVIDED GOVERNMENT


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


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


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


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


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


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


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



system


AMERICANS ARE MOST OPEN TO CHANGING THE JUDICIAL BRANCH

23 26 34

69 6651


Open to Changing



system

Impose a mandatory retirement age for

justices*

Impose term limits on justices*

Elect justices rather than appoint them



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



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


AMERICANS ARE OPEN TO MAKING CHANGES IN THE SYSTEM OF REPRESENTATION

3050 56

49 40 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



system

Not Open to Changing


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



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


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%)


justices (69%)*

Abolish the electoral college

(74%)*

Limit justices’ term in office

(66%)*


the Congress (66%)

Do away with the filibuster (53%)*

Supreme Court Justices should be elected (51%)


States with a larger pop.

should have more reps (40%)


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

PSB Constitution Poll for Aspen Ideas

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Transcript of PSB Constitution Poll for Aspen Ideas