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
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.
CONFIDENTIAL
PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

TABLE OF CONTENTS
This presentation outlines Americas 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?

2

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

FOUR CLEAR TRENDS TO WATCH

1 2 3 4

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
3

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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.

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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

60

54

Is still effective today

Needs significant updates

32

30

Is no longer as effective as it was when it was written

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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

Dont know

42

14

43

The U.S. Constitution should be more broadly interpreted to take into account the changes of modern society

Gender All 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 Dont know
M F NE

Region
MW S W

Political Affiliation
D R I

Income
<$75k >$75k

42 43 14

48 40 12

37 46 17

34 48 19

44 39 17

45 43 12

43 44 13

24 65 11

69 23 8

41 42 17

45 40 15

36 52 12
6

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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 )

19

Checks and balances does not work well

(because it inhibits too much the governments ability to get anything done)
7

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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 Too little Don't know

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

ATTITUDES ABOUT CONSTITUTIONAL RIGHTS

Americans say Freedom of speech is the most important right the U.S. Constitution guarantees.

Rights for All

The majority of Americans would like to see the Constitution protect more rights notably expanding equality and privacy rights.

Rights for Some

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 .

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)

Right to plead the 5th Right to bear arms

Freedom of assembly

Right to vote Freedom of religion

Freedom of speech (85)

0 Least

important right

No cruel or unusual punishment Freedom of the press Right to trial by jury

Most 100 important right

10

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

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

11

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 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
PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

70 69 68 65 59 56 55 55 51 51 49 47 47 43 41 22
12

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

47

The U.S. Constitution protects everyone equally

Gender All The U.S. Constitution protects everyone equally The U.S. Constitution protects some people more than others Dont know
M F NE

Region
MW S W

Political Affiliation
D R I

Income
<$75k >$75k

47 44 9

59 32 8

36 55 9

35 54 11

47 43 9

46 46 9

59 34 7

38 54 8

69 21 10

43 52 6

43 47 10

59 35 5
13

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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%

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

14

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.

Dont know

56

13

31

There are NO circumstances under which the police should be allowed to violate civil liberties to protect national security.

Gender All 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. Dont know
M F NE

Region
MW S W

Political Affiliation
D R I

Income
<$75k >$75k

56 31 13

59 32 9

52 31 17

58 30 12

62 21 16

54 33 13

50 37 13

54 35 11

61 24 16

56 33 11

54 31 15

61 32 7
15

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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

Criminals
32

Terrorists
14

51

64

80

Agree Disagree

Should the judicial system treat terrorists differently than criminals?

8 32 60

Yes No Don't know

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

16

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%).
PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

17

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

71%

Dissatisfied with the way the federal government functions

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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?

10 14

Better than intended

As well as intended

Worse than intended

68

Dont know

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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 its easier to get things done.

Dont know

27

23

50

The government works best when the Presidency and Congress are controlled by different parties otherwise one group gets too much power

44% of Democrats prefer oneparty controlling both branches

72% of Republicans prefer different parties

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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 15

11
The right amount Too little Too much Don't know

58

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

21

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
They should all be equal

12

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

22

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 dont know.
Which branch of the government has the largest impact on your daily life?

Dont know

14

17 14

55

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

23

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

Americans would like to elect Supreme Court Justices directly, impose a mandatory retirement age, and limit the amount of time that justices can serve.

State Representation
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.
24

Americans are open to extending term lengths, but will not change age requirements or impose a mandatory retirement age.

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

AMERICANS ARE SOMEWHAT OPEN TO CHANGES IN THE EXECUTIVE BRANCH

Open to Changing
Abolish the electoral college* 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*

Not Open to Changing

Update to one Update the age six-year term for requirement for the President* the President Update the Presidents citizenship requirements

Change the current system

74 51
Maintain the current system

42

31

26

11

22

14 38 50 60 63 83 71

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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* Extend House term lengths to four years*

Not Open to Changing

Update age requirement for Senators Update age requirement for members of the House

Change the current system

66

53

40 14 16

Maintain the current system

23

35

45 80 79

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

26 *Re-field data collected between June 30-July 5, 2010

AMERICANS ARE MOST OPEN TO CHANGING THE JUDICIAL BRANCH

Open to Changing
Impose a mandatory retirement age for justices*

Impose term limits on justices*

Elect justices rather than appoint them

Change the current system

69

66 51

Maintain the current system

23

26

34

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

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

34

51

Appointed Dont know

Gender All Elected Appointed Dont know 51 34 15

M F NE

Region
MW S W

Political Affiliation
D R I

Income
<$75k >$75k

42 41 17

60 27 13

44 33 24

46 36 18

59 32 9

50 36 14

55 38 7

54 32 14

45 36 18

55 28 17

41 50 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

30
Maintain the current system

50

56

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

29

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 Somewhat favor Dont know Somewhat oppose Strongly oppose

22 24 9 16 25

41
Gender All Total Favor Strongly favor Somewhat favor Total Oppose Somewhat oppose Strongly oppose Dont know
M F NE

Region
MW S W

Political Affiliation
D R I

Income
<$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
30

PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

ROADMAP OF CONSTITUTIONAL CHANGES

Americans are open to making at least a few changes to all branches of government
Abolish the electoral college (74%)*

Allow President to serve a 3rd nonconsecutive term (42%)*

Mandatory retirement age for the President (51%) DC should have representation (49%)

Mandatory retirement age for the Congress (66%)

Most willing to change

Mandatory retirement age for justices (69%)* Limit justices term in office (66%)*

States with a larger pop. should have more reps (40%)

Supreme Court Justices should be elected (51%) Do away with the filibuster (53%)*

Least willing to change

Extend house terms to four years (40%)*

PEN 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

The American people are solidly behind the basic principles of the Constitution

1 2 3 4

But they are divided on its interpretation

Are deeply frustrated with its current implementation And want changes that give the people more power
PEN N , SC H O EN & BER L AN D ASSO C IAT ES, L L C .

32