Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Jul 4, 2026 8:15 AM

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
Seattle Socialist Goes Wobbly Over Boeing
While we’ve grown accustomed to finding conservatives longing for a mythical Mayberry-era that never, in fact, actually existed, we expect those on the left to be perpetually forward-looking. So it’s rather disconcerting to see ‘progressives’ get nostalgic for the mostly mythical past. Usually such longing for the good ol’ es from ex-hippies missing the free love and cheap drugs of the 1960s. But on rare occasions the radical left dips back even further. Like to the 1930’s-era anarcho-syndicalism of the...
Catharsis and ‘Catching Fire’
Today at Ethika Politika, Elyse Buffenbarger weighs in on violence and voyeurism in The Hunger Games: Flipping between reality television and footage of the war in Iraq, Susan Collins was inspired to pen The Hunger Games. The dystopian young adult trilogy has been a runaway success both of page and screen: book sales number in the tens of millions, and in 2012, the first film took in nearly $700 million worldwide. (The next film, Catching Fire, releases tomorrow.) Initially, I...
Catholics and Libertarians: Allies or Enemies?
Even though the author of this essay in Catholic World Report is careful to make distinctions, this would seem to be the choice: Thomas Aquinas or Ron Paul. It is, in fact, how the indispensable Real Clear Religion website framed the debate this morning. pare a religion with an intellectual and moral tradition that goes back thousands of years with a quasi-political movement that is more known for what it is against than what is for is worse paring apples...
Video: David Mamet on the Talmud, the Bible and Conservatism
Peter Robinson, host of the Hoover Institution’s mon Knowledge program, interviews playwright David Mamet about his book The Secret Knowledge: On the Dismantling of American Culture and his conversion to conservatism. The blurb on the video notes that, “Mamet explains how, by studying Jewish and Christian texts such as the Talmud and the Bible, he came to approach arguments from a new perspective that aligned itself with conservative politics.” Throughout the interview, which runs about 35 minutes, “Mamet discusses his...
Tom Oden’s Journey from Theological Liberalism to Biblical Christianity
In The Word of Life, Tom Oden declared, “My mission is to deliver as clearly as a I can that core of consensual belief concerning Jesus Christ that has been shared for two hundred decades – who he was, what he did, and what that means for us today.” The Word of Life, Oden’s second systematic theology volume, is a treasure for anybody who wants to know more about the fullness and power of Christ. Over at Juicy Ecumenism, Mark...
National Review Interviews Samuel Gregg On ‘Tea Party Catholic’
Kathryn Jean Lopez, at National Review Online, has interviewed Samuel Gregg, Acton’s Director of Research, on his newest book, Tea Party Catholic: The Catholic Case for Human Flourishing, a Free Economy and Human Flourishing.To begin, Lopez asks Gregg about the title of the book. KATHRYN JEAN LOPEZ: Tell us about the title of the book. Does the Tea Party have anything to do with the Catholic Church? SAMUEL GREGG: Tea Party Catholic itself has very little to say about the...
Government Run Health Care is Killing American Veterans
Back in 2009, I wrote mentary titled “Veterans First on Health Care.” I argued the government must prove it can handle existing obligations before proposing any further takeover of the health care industry. I interviewed former Congressman Gene Taylor (D-Miss), who I once worked for, and among other things, assisted with Veterans Affairs claims and other military constituent services. Taylor made the point then that “We [government] can’t pay for the promises we’ve already made on health care, and it...
Hating the Homeless in Hawaii
Hawaii is consistently ranked as one of the states where most Americans want to live. But for many residents, the island life is more nightmare than tropical dream. The high cost of living and lack of affordable housing contributes to Hawaii having one of the highest rates of homelessness in the country. The state government has attempted to address the crisis in ways that are sometimes as creative as they are disturbing. Earlier this year, the state legislature voted to...
Cities Need The Black Middle Class
While overall crime rates are falling, in major U.S. cities the untold story is that crime is now more concentrated among the underclass. For example, The New York Times ran a story of the concentration of crime in the city of St. Louis to show the reality of this trend. St. Louis, like many other cities, is highly divided by race and class, demonstrated in the city’s crime statistics. The highest crime areas are also the areas that are predominantly...
WaPo Praises Conservative Paul Ryan, Trashes Conservatism
A recent piece in The Washington Post by Lori Montgomery reports that conservative U.S. Congressman Paul Ryan has been working on solutions to poverty with Robert Woodson, solutions rooted in passion, spiritual transformation and neighborhood enterprise. The Post seems to want to praise Ryan (R. Wis.) for his interest in the poor, but to do so it first has to frame that interest as something foreign to conservatism: Paul Ryan is ready to move beyond last year’s failed presidential campaign...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved