Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Jan 25, 2026 1:11 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
‘Obscene’ Persecution Of Christians Requires Response
Ronald S. Lauder is the president of the World Jewish Congress. He wants his fellow Jews to speak out and stand up against the persecution of Christians, especially at the hands of ISIS. He calls the current situation in Iraq “Nazi-like,” and that the situation has failed to garner attention from political leaders, aging rock stars, and the world in general. He maintains that ISIS is not a loosely organized group of rag-tag jihadists, but …a real military force that...
Upcoming Event: Common Grace in Business
Mark your calendars! On Friday, October 31, The Acton Institute and Calvin College’s Calvin Center for innovation in Business will present a Symposium on Common Grace in Business. This event will bring members of the faith, academic, and munities together to explore and consider Abraham Kuyper’s works mon grace and how it applies to various business disciplines. It will also celebrate the publication of the Acton Institute’s first translation of Kuyper’s works mon grace into English. It will take place...
Unlikely Mercenaries In The Fight Against Human Trafficking
A petite woman in pink, in a Filipino red-light district, is picked out by a “tourist” as a possible sex partner for the evening. A pimp panying him tells him she’s not a good choice. She’s a nun. The Mary Queen of Missionaries (MQHM) are a group of Catholic sisters who serve the sex workers in the Philippines. Their order was established solely for this purpose: To seek thestray and fallen away in the person of the victims of prostitution...
Radio Free Acton: The Intellectual Life of Edmund Burke, Part II
This week on Radio Free Acton, Michael Matheson Miller continues his conversation with David Bromwich, Sterling Professor of English at Yale University, on the thought of Edmund Burke. Bromwich is the author of The Intellectual Life of Edmund Burke, the first volume of what will be a two-volume intellectual biography of Burke. We kick off this portion of the conversation with some analysis of Burke’s position on free markets and crony capitalism.. To listen to Part 2 of Miller’s interview...
Acton Institute to Sponsor ‘Faith at Work Summit’
Conversations about “faith-work integration” are alive and well, whether in the church, workplace, or academia, and the Acton Institute continues to offer a variety of resources on the subject, from its growing series of tradition-specific primers to various books and lectures to educational video curricula. In keeping with these efforts, the Acton Institute will be a co-sponsor to the very first Faith @ Work Summit in Boston, MA from October 24-25, where a diverse group of businesspeople, students, pastors, and...
Will A Sharing Economy Be A Growing Economy?
John O. McGinnis, the George C. Dix Professor in Constitutional Law at Northwestern University, says we are in the midst of a sharing economy, and that’s a good thing. (Don’t get all socialist on me; a sharing economy is one driven by service and technology. We are not going to have to pool our food in mune.) McGinnis says this type of economy is good for liberty as well. There are three basic features of a sharing economy: It reduces...
Why the Looters Will Have the Most Lasting Impact on Ferguson
“They say they want justice for Mike Brown,” says Mumtaz Lalani, an store owner in Ferguson, Missouri, “Is this justice? I don’t understand. What justice is this? Lalani was referring to the looters who, on Saturday, robbed his store and attempted to burn it down. The events in Ferguson are heartbreaking, but they will soon be all-but-forgotten. Within a few weeks the media—and the public’s limited attention—will move on to another story. Within a few months the criminal justice system...
ISIS and Christian Just War Teaching
Christians from a broad range of traditions — from Chaldean Catholics to Southern Baptists — are uniting in a call for military action against mon enemy: ISIS. As Mark Tooley notes, the persecution of religious believers by the Islamic extremists has “reanimated talk about Christian Just War teaching.” Citing the call by Iraq’s Chaldean Patriarch for military intervention, a group of prominent Christian thinkers, with others, has declared that “nothing short of the destruction of ISIS/ISIL as a fighting force...
Why We Get Stewardship Wrong
Christians frequently talk about “stewardship,” but what do we mean when we use that term? And more importantly, what should we mean by it? At The Gospel Coalition, Stephen J. Grabill,director of programs and international for the Acton Institute, discusses what it means to havea holistic understanding of stewardship and what it means to “make the kingdom of God visible and tangible to the world”: Although Christians across denominational lines often use stewardship language to describe our calling to live...
Borger on FLOW: A ‘Visually Enjoyable’ and ‘Thoughtfully Inspiring’ Series
Over at Capital Commentary, Byron Borger offers some valuable reflections and rather extensive praise for the Acton Institute’s new educational DVD series, For the Life of the World: Letters to the Exiles. “I don’t think I’ve ever seen such a visually enjoyable Christian educational video curriculum,” he writes, “and I know I’ve never seen one so thoughtfully inspiring about a foundational Christian view of creation, culture, social life, and redemption.” Indeed, FLOW offers a peculiar blend of artistic beauty and...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved