Civic Education

9 in 10 Americans think government branches should be equal, ABA poll finds

Survey illustration

Most Americans believe in the U.S. Constitution's balance of powers, but a significant percentage of Americans want one branch of government to have more power than the others, according to the seventh ABA Survey of Civic Literacy. (Image from Shutterstock)

Most Americans believe in the U.S. Constitution’s balance of powers, but a significant percentage of Americans want one branch of government to have more power than the others, according to the seventh ABA Survey of Civic Literacy.

The survey’s results, which were released Tuesday ahead of Law Day, show that 9% do not favor co-equal branches of government as mandated by the Constitution. And of those respondents, 60% said the executive branch, which is led by a president, should be more powerful than the judicial and legislative branches.

Nine in 10 (90%) favored co-equal branches of government as mandated by the Constitution to maintain checks and balances on each other, according to the survey.

Law Day happens annually May 1 to recognize the rule of law in society and encourage a greater understanding of the legal profession. This year’s theme is “The Constitution’s Promise: Out of Many, One.”

The ABA Survey of Civic Literacy also polled Americans about their confidence in each branch of government. Twenty percent had the most confidence in the executive branch. Only 11% and 7% had the most confidence in the judicial and legislative branches, respectively.

When asked how to improve confidence in the government, 35% suggested better transparency, and 30% suggested political bipartisanship. Another 19% said more civic education is needed.

As part of the survey, Americans answered several questions about democracy, the rule of law and the judiciary. Among their responses:

  • 54% said the United States should promote democracy and the rule of law around the world.

  • 90% said the U.S. Supreme Court should have a binding and enforceable code of ethics.

  • 45% said the increase in attacks on judges is because of the polarization of the political system, while 36% said it is due to lack of confidence in the judiciary and misinformation.

As in past years, the ABA Survey of Civic Literacy tested Americans’ civic knowledge by posing questions that appear on the U.S. naturalization test. Most respondents answered these questions correctly:

  • The Supreme Court acts as the ultimate authority in interpreting the Constitution (81%).

  • Checks and balances stops one branch of government from being too powerful (72%).

  • The speaker of the U.S. House of Representatives would be next in line to lead the country if a president or a vice president could no longer serve (69%).

The survey results are from a telephone poll of 1,000 people in English and Spanish in March.

For more information, visit AmBar.org/CivicSurvey.