Constitution Still Effective But Reform Desire

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ASPEN IDEAS FESTIVAL
“DOES THE US CONSTITUTION STILL WORK FOR
21ST CENTURY AMERICA?”
JULY 9, 2010
©PENN, SCHO EN & BERLAND ASSO CIAT ES, LLC.

METHODOLOGY
1
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.

TABLE OF CONTENTS
2
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
3
The American people are solidly behind the basic
principles of the Constitution
But they are divided on its interpretationBut they are divided on its interpretation
Are deeply frustrated with its current
implementation
implementation
And want changes that give the people more
power
power
1
2
3
4

FUNDAMENTAL ATTITUDES ABOUT THE
CONSTITUTION
4
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.
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
5
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.
6
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

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.
7
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
8
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

ATTITUDES ABOUT CONSTITUTIONAL RIGHTS
9
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
10
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
11
10
61 The Constitution should
protect more rights
The Constitution should
protect fewer rights

AMERICANS’ ATTITUDES ON RIGHTS THAT SHOULD BE
GUARANTEED
12
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.
13
The U.S.
Constitution
protects some
people more than
others
The U.S.
Constitution
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
14
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
15
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
16
How much do you agree with the following statement: “____ should have the same rights as citizens guaranteed by the Constitution.”
64 80
32
14
Agree
Disagree
Criminals Terrorists
60
32
8 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.
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
17
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%).

ONLY 25% OF AMERICANS SATISFIED WITH THE
WAY GOVERNMENT FUNCTIONS TODAY
18
How satisfied are you with the way the federal government functions today?
25%25% Satisfied with
the way the
federal
government
functions
71%71% Dissatisfied
with the way
the federal
government
functions

MAJORITY SAY THAT GOVERNMENT TODAY DOES NOT
WORK AS WELL AS THE FRAMERS INTENDED
19
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
20
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
21
Do you think there is too much or too little collaboration between political parties?
11
58
15
17
The right amount
Too little
Too much
Don't know

MAJORITY SAY ALL BRANCHES OF GOVERNMENT
SHOULD BE EQUAL
22
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.
23
Which branch of the government has the largest impact on your daily life?
14
55
14
17
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.
24
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 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 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 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.
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
14
38
50 60 63
83
71
74
51 42 31 26
11 22
25
Open to Changing Not Open to ChangingNot 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
66
53
40
14 16
26
Open to Changing Not Open to ChangingNot Open to Changing
Impose a retirement
age for members of
Congress
Do 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

AMERICANS ARE MOST OPEN TO CHANGING
THE JUDICIAL BRANCH
23 26
34
69 66
51
27
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

MAJORITY SAYS JUSTICES SHOULD BE
ELECTED
• Men are split on this issue while women strongly favor electing judges over
having them appointed.
28
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
51
34
15
Elected
Appointed
Don’t know

AMERICANS ARE OPEN TO MAKING CHANGES
IN THE SYSTEM OF REPRESENTATION
30
50 56
49 40 30
29
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
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.
30
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 40
Strongly favor 22 24 21 33 31 22 6 22 22 24 23 22
Somewhat favor 27 25 29 21 24 24 39 36 25 23 31 18
Total Oppose 41 48 35 35 39 44 45 35 42 48 39 50
Somewhat oppose 16 17 15 15 12 22 12 15 12 20 18 12
Strongly oppose 25 31 20 20 27 22 33 20 30 28 21 38
Don’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
31
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%)
States with a
larger pop.
should have more
reps (40%)

IN SUM, FOUR CLEAR TRENDS TO WATCH
32
But they are divided on its interpretationBut they are divided on its interpretation
implementation
implementation
power
power
1
2
3
4

Constitution Still Effective But Reform Desire

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