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70% Say Founders Would Disagree with How We Currently Follow the Constitution

Emily Ekins

On this Constitution Day, 236 years after the US Constitution was ratified, Americans continue to express high regard for this monumental document. However, most worry about how it is currently being followed. A national survey of 2,000 Americans the Cato Institute conducted with YouGov found that 85% of Americans have a favorable opinion of the Constitution. However, 70% believe the American Founders would be disappointed with how our country is following the Constitution today.

An overwhelming majority of Americans, 94%, believe that the Constitution is at least somewhat important for protecting their liberty, including 56% who believe it is extremely important. When asked how important various constitutionally protected rights are, Americans had favorites. (The survey asked Americans about rights explicitly stated in the Constitution, explicitly recognized by the courts and their legitimacy not seriously disputed, or explicitly recognized by the courts but may remain controversial.)

The largest majorities of Americans said that equal protection under the law (77%) was “extremely important” to them, as is the right to privacy (76%), the right to vote (75%), and if accused of a crime to be made aware of the accusation and evidence (75%), and the right of free speech (74%).

Next, large majorities believe that the right to private property (71%), a fair trial (70%), a trial by a jury (70%), freedom of religion (68%), due process of law (68%), freedom against unreasonable search and seizure (68%), freedom of assembly (67%), right to travel (65%), freedom of the press (62%), the right to self defense (61%), to marry (61%), to petition the government (57%), freedom against cruel and unusual punishment (54%), and the right to bear arms (39%) are extremely important.

Women, the Young, Diverse, and Liberal Have More Skeptical Views of Constitution

Patriotic feeling and favorability of the Constitution varies considerably across demographic groups. In short, young Americans, women, racial minorities, lower-income Americans, liberals, and Democrats have more negative views of the Constitution than older Americans, men, white Americans, higher-income Americans, conservatives, and Republicans.

For instance, 75% of American seniors have “strongly” favorable views of the U.S. Constitution compared to half that (33%) among Americans under 30. Men are nearly 20 points more likely than women to agree (61% vs 44%). White Americans (61%) are also more likely than Hispanic Americans (39%), Black Americans (28%), or Asian Americans (24%) to feel very favorable toward the Constitution. Strong conservatives (83%) are also more than twice as likely as strong liberals (31%) to feel very favorably toward the Constitution. Similarly, Republicans (74%) are nearly twice as likely as Democrats (42%) to have strongly positive views of the Constitution.

Majority of Gen Z Supports Writing a New Constitution

America’s youngest cohort of adults has the most skeptical attitudes toward the Constitution. Gen Z is the least likely (39%) cohort to say they are grateful for the founding of America, compared to 77% of seniors, or feel that the Constitution is extremely important for protecting their liberty (38% vs 73%).

Thus, it’s perhaps less surprising that a majority (55%) of Americans under 30 would support writing a new American Constitution “to reflect our diversity as a people.” In contrast, 40% of 45–54 year olds and 25% of Americans over 65 agree. Nearly a third (32%) of Gen Z would also support designing a new American flag compared to 25% of 45–54 year olds, and 11% of those over 55 years old.

Not just Gen Z, but Americans under 45 are more likely to think of America’s Founding Fathers as villains and heroes more than heroes (49% say villains and heroes and 46% say heroes). In contrast, majorities of Americans aged 45–54 (53%), 55–64 (62%), and over 65 (65%) view the founders as heroes. 

Gen Z is the most likely cohort to believe the disputed claim that the American Revolutionary War was primarily fought to preserve slavery (20% believe this vs 10% believe this among those over age 65). Gen Z is also the least likely to know basic facts about the American founding. For instance, comparing Americans under 30 to those over 65, Gen Z is the most likely not to know that the Declaration of Independence led to the American Revolutionary War (33% vs 19%), or that there were 13 original colonies (33% vs 12%), or that George Washington famously crossed the Delaware River to eventually lead the Americans to victory in the war (44% vs 12%)

Despite different cohort’s attitudes toward the Constitution, 9 in 10 Americans from all age groups believe that the founding of the United States has been primarily a force for good in the world.

Discussion

As Benjamin Franklin exited the Constitutional Convention after the Constitution had been ratified he was asked what sort of government they had created. His answer was short: “A republic if you can keep it.”

The American founders understood how fragile liberty and republican governance are to maintain. They feared without constant vigilance the country would devolve into despotism and tyranny. Most Americans share these concerns: 57% agree that “eternal vigilance is the price of liberty,” a quote often misattributed to Thomas Jefferson. Even more say they are more worried that we could lose our liberty in this country if we’re not careful (74%) than say they believe our freedom is protected (26%).

On this Constitution Day we have an opportunity to reflect on how a document written over two centuries ago created our country and put us on a path so we could strive to enshrine and expand freedom for all Americans and pursue a more perfect union. 

Hunter Johnson contributed to this report.

Methodology:

The Cato Institute 2024 4th of July Survey was designed and conducted by the Cato Institute in collaboration with YouGov. Toplines found here (pdf). YouGov collected responses online June 26-July 1, 2024 from a national sample of 2,000 Americans 18 years of age and older. Restrictions are put in place to ensure that only the people selected and contacted by YouGov are allowed to participate. The margin of error for the survey is +/- 2.41 percentage points at the 95% level of confidence. Full results, toplines, crosstabs, and methodology are forthcoming.