ASPEN IDEAS FESTIVAL “DOES THE US CONSTITUTION STILL WORK FOR 21ST CENTURY AMERICA?” JULY 9, 2010
NEW YORK • WASHINGTON • DENVER • SEATTLE • LOS ANGELES • SAN FRANCISCO • AUSTIN• LONDON • HONG KONG • BEIJING • DUBAI ©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
METHODOLOGY 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 • •
•
Region • • • •
•
Democrat (Strong or weak) (D) Republican (Strong or weak) (R) Independent (I)
Income • •
•
Northeast (NE) Midwest (MW) South (S) West (W)
Political Affiliation • • •
•
Male (M) Female (F)
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. CONFIDENTIAL ©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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TABLE OF CONTENTS This presentation outlines America’s attitudes towards the following:
1
The U.S. Constitution as a Governing Document
2
Rights Protected in the U.S. Constitution
3
The Current System of Government Under the U.S. Constitution
4
What should change? And What Should Not Change?
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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FOUR CLEAR TRENDS TO WATCH
1
The American people are solidly behind the basic principles of the Constitution
2
But they are divided on its interpretation
3
Are deeply frustrated with its current implementation
4
And want changes that give the people more power
ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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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.
ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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THE CONSTITUTION IS STILL EFFECTIVE AND SHOULD BE CHANGED MINIMALLY •
Although, approximately one-third say the Constitution needs significant updates and is no longer as effective as it was when it was written.
The Constitution…
Is timeless and should be changed minimally
Needs significant updates
60
32
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30
Is still effective today
Is no longer as effective as it was when it was written
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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
Don’t know
42
14
Gender
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 Don’t know
The U.S. Constitution should be more broadly interpreted to take into account the changes of modern society
43
Region
Political Affiliation
Income
All
M
F
NE
MW
S
W
D
R
I
<$75k
>$75k
42
48
37
34
44
45
43
24
69
41
45
36
43
40
46
48
39
43
44
65
23
42
40
52
14
12
17
19
17
12
13
11
8
17
15
12
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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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 Checks and balances works well (because it prevents any one branch from having too much power )
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Checks and balances does not work well (because it inhibits too much the government’s ability to get anything done) 7
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?
46 28 18 8 The right amount
Too much
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
Too little
Don't know
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ATTITUDES ABOUT CONSTITUTIONAL RIGHTS Americans say Freedom of speech is the most important right the U.S. Constitution guarantees.
Rights for All
Rights for Some
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.
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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AMERICANS SAY FREEDOM OF SPEECH IS THE MOST IMPORTANT RIGHT THE CONSTITUTION GUARANTEES 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)
0 Least
important right
Right to “plead the 5th”
Right to vote
Freedom of assembly
Freedom of religion
Right to bear arms
Freedom of speech (85)
Most 100 important right
No cruel or unusual punishment Right to trial by jury
Freedom of the press
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MAJORITY AGREE CONSTITUTION SHOULD PROTECT MORE RIGHTS Which of the following is closest to your view?
61
The Constitution should protect more rights
10
The Constitution should protect fewer rights
ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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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
Right to equality regardless of gender
70
Right to equality
69
Right to privacy
68 65
Right not to be enslaved
59
Right to own property Right to an education
56
Right to equality regardless of sexual orientation
55
Right to an attorney
55
Right to security of person
51
Right not to incriminate yourself
51
Right to social securities
49
Right not to be tortured
47
Right to health care
47
Right to get married
43
Right to employment
41
Right to paid vacation time ©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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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
44
The U.S. Constitution protects everyone equally
47
Gender
Region
Political Affiliation
Income
All
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
9
8
9
11
9
9
7
8
10
6
10
5
Don’t know
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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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%
ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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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.
Don’t know
56
13
Gender
There are circumstances under which the police should be allowed to violate civil liberties in order to protect national security. There are no circumstances under which the police should be allowed to violate civil liberties in order to protect national security. Don’t know
There are NO circumstances under which the police should be allowed to violate civil liberties to protect national security.
31
Region
Political Affiliation
Income
All
M
F
NE
MW
S
W
D
R
I
<$75k
>$75k
56
59
52
58
62
54
50
54
61
56
54
61
31
32
31
30
21
33
37
35
24
33
31
32
13
9
17
12
16
13
13
11
16
11
15
7
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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.”
Corporations 41
51
Criminals
Terrorists
32
14
64
Should the judicial system treat terrorists differently than criminals?
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
80
8 32
60
Agree Disagree
Yes No Don't know
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ATTITUDES ABOUT THE CURRENT SYSTEM OF GOVERNMENT 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.
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%). ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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ONLY 25% OF AMERICANS SATISFIED WITH THE WAY GOVERNMENT FUNCTIONS TODAY How satisfied are you with the way the federal government functions today?
25%
Satisfied with the way the federal government functions
ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
71%
Dissatisfied with the way the federal government functions
18
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?
8
Better than intended
10 14
As well as intended
Worse than intended
68
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
Don’t know
19
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.
Don’t know
27
23
44% of Democrats prefer oneparty controlling both branches
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
50
The government works best when the Presidency and Congress are controlled by different parties – otherwise one group gets too much power
72% of Republicans prefer different parties
20
AMERICANS WOULD LIKE TO SEE MORE BIPARTISANSHIP AND COLLABORATION Do you think there is too much or too little collaboration between political parties?
17
11 The right amount Too little
15
Too much Don't know
58
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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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
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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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?
Don’t know
14
17 14
55
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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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.
The Executive 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.
The Legislative Branch
The Judicial Branch
State Representation
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.
ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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AMERICANS ARE SOMEWHAT OPEN TO CHANGES IN THE EXECUTIVE BRANCH Open to Changing Abolish the electoral college*
Not Open to Changing
Allow the Impose a President to retirement age serve a 3rd nonfor the consecutive President term*
Allow the President to serve a 3rd consecutive term*
Update to one Update the age six-year term for requirement for the President* the President
Update the President’s citizenship requirements
Change the current system
74 51 Maintain the current system
42
31
26
60
63
11
22
14 38
50
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83
71
25 *Re-field data collected between June 30-July 5, 2010
AMERICANS ARE OPEN TO SOME CHANGES FOR THE LEGISLATIVE BRANCH Open to Changing Impose a retirement age for members of Do away with the Congress filibuster*
Change the current system
Maintain the current system
66
23
53
35
ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
Not Open to Changing
Extend House term lengths to four years*
Update age requirement for Senators
Update age requirement for members of the House
40 14
16
80
79
45
26 *Re-field data collected between June 30-July 5, 2010
AMERICANS ARE MOST OPEN TO CHANGING THE JUDICIAL BRANCH
Open to Changing
Change the current system
Maintain the current system
Impose a mandatory retirement age for justices*
Impose term limits on justices*
69
66
Elect justices rather than appoint them
51
23
ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
26
34
27 *Re-field data collected between June 30-July 5, 2010
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...?*
15 Elected
51
34
Appointed Don’t know
Gender
Region
Political Affiliation
Income
All
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
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
28 *Re-field data collected between June 30-July 5, 2010
AMERICANS ARE OPEN TO MAKING CHANGES IN THE SYSTEM OF REPRESENTATION Not Open to Changing
Open to Changing
Change the current system
Allow DC equal representation in Congress
States with a larger pop. Give 4 Senate seats to big states, 3 to mediumshould have more representation in the U.S. sized states and 2 to small states Senate
49
40
30
50
56
30 Maintain the current system
ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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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?
49 Strongly favor
22
Somewhat favor
Somewhat oppose
24 9 16
Strongly oppose
25
Don’t know
41 Gender
Total Favor Strongly favor Somewhat favor Total Oppose Somewhat oppose Strongly oppose Don’t know
Region
Political Affiliation
Income
All
M
F
NE
MW
S
W
D
R
I
<$75k
>$75k
49 22 27 41 16 25 9
49 24 25 48 17 31 2
50 21 29 35 15 20 15
54 33 21 35 15 20 11
55 31 24 39 12 27 6
46 22 24 44 22 22 10
45 6 39 45 12 33 9
58 22 36 35 15 20 7
47 22 25 42 12 30 10
47 24 23 48 20 28 6
54 23 31 39 18 21 8
40 22 18 50 12 38 11
©PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
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ROADMAP OF CONSTITUTIONAL CHANGES Abolish the electoral college (74%)*
Americans are open to making at least a few changes to all branches of government
Allow President to serve a 3rd nonconsecutive term (42%)*
States with a larger pop. should have more reps (40%)
Mandatory retirement age for the President (51%)
Mandatory retirement age for the Congress (66%)
Most willing to change
Mandatory retirement age for justices (69%)*
DC should have representation (49%) Limit justicesâ&#x20AC;&#x2122; term in office (66%)*
Supreme Court Justices should be elected (51%) Do away with the filibuster (53%)*
Least willing to change
Extend house terms to four years (40%)* ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
31 *Re-field data collected between June 30-July 5, 2010
IN SUM, FOUR CLEAR TRENDS TO WATCH
1
The American people are solidly behind the basic principles of the Constitution
2
But they are divided on its interpretation
3
Are deeply frustrated with its current implementation
4
And want changes that give the people more power ŠPEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .
32