Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Jul 29, 2026 5:38 PM

The latest national survey by the Pew Research Center finds that a majority of Americans now believe the federal government threatens their own personal rights and freedoms:

The latest national survey by the Pew Research Center for the People & the Press, conducted Jan. 9-13 among 1,502 adults, finds that 53% think that the federal government threatens their own personal rights and freedoms while 43% disagree.

In March 2010, opinions were divided over whether the government represented a threat to personal freedom; 47% said it did while 50% disagreed. In surveys between 1995 and 2003, majorities rejected the idea that the government threatened people’s rights and freedoms.

The growing view that the federal government threatens personal rights and freedoms has been led by conservative Republicans. Currently 76% of conservative Republicans say that the federal government threatens their personal rights and freedoms and 54% describe the government as a “major” threat. Three years ago, 62% of conservative Republicans said the government was a threat to their freedom; 47% said it was a major threat.

The fact that38% of Democrats say the government poses a threat to personal rights and freedoms and 16% view it as a major threat, shows that it’s not just a partisan issue. But while there may be agreement thatthe federal government threatens our rights and freedoms, there is likely to be divergence of opinion on which rights and freedoms are beingthreatened. Rather than just having people respond with yes or no to the question, “Federal government threatens your personal freedom?”, it would be helpful for respondents to explain what they mean.

We could, for instance, have them go down the list of rights in the Constitution’s Bill of Rights and point out which they feel arethreatened. Like most Americans, I’m no legal scholar. But here is how I would respond:

Amendment: First Amendment

Enumerated rights: Free Exercise Clause; freedom of speech, of the press, and of assembly; right to petition

Status check: Although religious liberties have been eroding for some time, the recent controversy over theHHS contraceptive mandate has brought a renewed interest to the very real threats posed by the federal government. AsKyle Duncan, General Counsel for the Becket Fund for Religious Liberty, recently said, “The administration obviously realizes that the HHS mandate puts constitutional rights at risk.” Indeed, they do—and they don’t care. The Obama administration believes in a watered-down “right to worship” rather than a robust freedom of religious.

Threat level: Serious threat

Amendment: Second Amendment

Enumerated rights:Right to keep and bear arms

Status check:No enumerated Constitutionallyguaranteedright outrages andembarrassesliberal Americans more than the Second Amendment. Their goal of disarming the country and instituting a total ban on all firearms is frustratingly checked by thirteen words: “theright of the people to keep and bear arms shall not be infringed.” Fortunately, recent Supreme Court rulings have ruled that those words have meaning and so the threats to this right have been somewhat constrained.

Threat level: Real, but limited

Amendment: Third Amendment

Enumerated rights:Protection from quartering of troops.

Status check:Take heart, America: there is a least one enumerated right thatthe federal government is not likely to violate anytime soon.

Threat level: No threat

Amendment: Fourth Amendment

Enumerated rights:Protection from unreasonable search and seizure.

Status check:Considering that the biggest threat is the x-ray screening by the TSA at the airport, this right is still fairly secure.

Threat level: No serious threats

Amendment:Fifth amendment

Enumerated rights:due process, double jeopardy, self-incrimination, eminent domain.

Status check: In 2005,the Supreme Court ruling inKelo vs. City of New Londonexpanded the use of eminent domain to transfer land from one private owner to another private owner to further economic development. The Court held that the general benefits munity enjoyed from economic growth qualified private redevelopment plans as a permissible “public use” under the Takings Clause of the Fifth Amendment. So your private property is probably secure as long as some government-backed developer doesn’t want to replace your house with a strip mall.

Threat level: Continuous

Amendment:Sixth Amendment

Enumerated rights:Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel

Status check:Your right to a have a counsel represent you in a public trial by a jury of your peers is secure—unless President Obama puts you on his “kill list.” If that happens then an “informed, high-level official of the U.S. government” can authorize a drone strike to wipe our you and your Sixth Amendment rights.

Threat level: Serious, but limited in scope

Amendment:Seventh Amendment

Enumerated rights:Civil trial by jury.

Status check:Like the Third Amendment, the right protected by the Seventh appears to be fairly secure.

Threat level: No general threats.

Amendment:Eighth Amendment

Enumerated rights:Prohibition of excessive bail and cruel and unusual punishment.

Status check: I haven’t had to post bail in awhile so I’m not sure what’s considered excessive.

Threat level: No threat?

Amendment:Ninth Amendment

Enumerated rights:Protection of rights not specifically enumerated in the Constitution.

Status check:The Ninth Amendment was added to the Bill of Rights to ensure that fundamental rights could not be denied simply because they were not specifically enumerated in the Constitution. How this affects individual right is open to interpretation.

Threat level: No threat?

Amendment:Tenth Amendment

Enumerated rights: Powers of States and people.

Status check:The Tenth Amendment states that, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Since FDR’s New Deal legislation,the merce clause” has trumped the Tenth Amendment, allowing the federal government to take almost any powers it wants from the States and the people.

Threat level: Has been threatened so long that the amendment is all but meaningless.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
William Penn on the three fundamental rights of citizens
Yesterday was the birthday ofWilliam Penn, the influential English Quaker and founder of Pennsylvania. This year also marks the 300th anniversary of his death. Although Penn was an Englishman, he became, as Gary M. Galles says, the first great champion of American liberty. As Galles notes, When Charles II died, a large debt to Penn’s father was settled in 1681 by granting him what would e Pennsylvania. Penn implemented his authority over the colony in his 1682Frame of Government, Pennsylvania’s...
Understanding Bolsonaro
When Jair Messias Bolsonaro walked into TV Cultura’s studio in July, no one had any idea of ​​the political tsunami that would engulf Brazil 90 days later. The “Roda Viva” is the oldest talk show on Brazilian television; a group of eight journalists sit on a wheel-shaped bench and in the center lies the interviewee. That Monday, Bolsonaro spoke about how he would toughen criminal laws, turn back the sexual revolution, and restore Christian morality. He admitted to not understanding...
The economics of choosing the right career
Note: This is post #97 in a weekly video series on basic economics. Warning for young people: having a college degree no longer guarantees you’ll be able to find a good job, much less have a promising career. Four-year college graduates with entry-level jobs actually earned more in 2000 than they’re earning today. Choosing a good career requires planning beyond getting a college education, says Tyler Cowen of Marginal Revolution University. In this video he explains why you’ll want to...
How a Protestant pastor defended Brazil’s Catholics
It was in Brazil’s 2010 elections that the majority of the voters first learned about Silas Malafaia. It was also the election in which the left-wing president Lula da Silva reached the height of his political power. Lula was one of the most successful left-wing populist leaders of Latin America in the first two decades of the 21st century. He had all the pragmatism of a Tammany Hall boss. He could be applauded by a crowd of Communists one day...
Review: Bradley Birzer’s Russell Kirk biography invites us to reconsider conservatism
This is the fifth in a series celebrating the work of Russell Kirk in honor of his 100th birthday this October. Read more from the serieshere. During the twentieth century, one man in particular took it upon himself to make a project of defining and perhaps re-invigorating an American conservatism which the prominent cultural critic Lionel Trilling dismissed as “a series of irritable mental gestures.” I remember picking up a copy of Russell Kirk’s The Conservative Mindmany years ago. As...
How the populist moment can become the liberty moment
Since the War of Independence, the American self-image has set individual liberty against oligarchic power. Abraham Lincoln encapsulated this when he described the American experiment as a government “of the people, by the people, for the people.” Perhaps it was inevitable that populism, in the form of the People’s Party, was born on U.S. soil – and that, as it experiences a modern-day resurgence, it begins in the United States. The original Populists described themselves as “the plain people” fighting...
Radio Free Acton: Was Jesus a socialist? The importance of poetry
On this episode of Radio Free Acton, Dan Hugger, Research Associate at Acton, speaks with Larry Reed, President of the Foundation for Economic Education, about the question that seems to be cropping up everywhere nowadays: Was Jesus a socialist? Then, Bruce Edward Walker talks to James Matthew Wilson about his new volume of poetry and on why poetry is important today. Check out these additional resources on this week’s podcast topics: Read “Jesus would have voted socialist, says Germany’s Left”...
The political manipulation of religion
The fact that something is political does not mean that it is not religious, says Paul Marshall. Instead of describing something as political, not religious, we might should describe it as the political manipulation of religion, or the insincere use of religion: This stress that events are not religion but politics can lead to misunderstanding the nature of both religion and politics. It can be akin to saying that a table is not round but red. But tables can be...
The reason young people embrace socialism revealed
Why do young people throughout the West have an increasingly positive view of socialism? The answer has been ferreted out between the lines of a survey recently conducted for the Charles Koch Institute. Young people’s infatuation with socialism remains one of the most lamented (or celebrated) facts of the cultural landscape – but both sides agree, it is an undeniable fact. Americans under the age of 30 hold a more favorable view of socialism than capitalism, according to a Gallup...
Sir Roger Scruton: How to preserve freedom in the West
One of the leading philosophers of our time says Western culture will have to be handed down outside the ivory towers and college lecture halls – and he has strong reason to believe that its promulgators will be successful. Sir Roger Scruton’s optimism is not unfounded; he found the dissident, underground munities munist-dominated Europe had a greater thirst for truth and Western culture than their contemporaries in the politically correct West. Scruton reminisced about his career as a pioneering thinker...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved