Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Mar 12, 2026 2:34 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
‘Communism is the increase of the search for the Kingdom of God and His righteousness!’
Following its 100th anniversary, Communism is experiencing a public relations boon, and it has just recruited its most significant Spokesman: Jesus Christ of Nazareth. Jesus (Who, one must assume, was not consulted on the sponsorship) is said to have been the first and most vociferous Scourge of free enterprise and Advocate of socialist economics. This is precisely the argument made in France by Falk Van Gaver in his new bookChristianity vs. Capitalism: The Economy According to Jesus Christ.Perhaps Van Gaver’s...
The new bourgeoisie: The lofty socialism of self-loathing capitalists
Economist Deirdre McCloskey’s transformative trilogy on the “Bourgeois Era” has already shifted the paradigm of popular thought on what, exactly, spurred the rise of capitalism and fostered our newfound freedom and prosperity. According to McCloskey, the Great Enrichment came not from new systems, tools, or materials, but from the ideas, virtues, and rhetoric behind them. “The modern world was made not by material causes, such as coal or thrift or capital or exports or exploitation or imperialism or good property...
Rev. Sirico and R.R. Reno debate the merits of free markets
Should Christians rethink the merits of free markets? Last night The King’s College hosted a debate on that question between First Things editor R.R. Reno and Acton Institute president and co-founder Rev. Robert Sirico. In his opening statement, Reno admits that free markets have done a great deal to promote human flourishing, but says that “markets are human, and like all things human in our fallen world, markets can also impede human flourishing.” Reno claims this is especially true today...
Acton Institute offering mini-grants to college faculty for research and teaching
The Acton Institute will be continuing its Mini Grants on Free-Market Economics program for 2018. The program is intended to enhance the effectiveness in the research and teaching of market economics for faculty at colleges, universities, and seminaries in the United States and Canada. With new application requirements and a simplified application process there is plenty of time to prepare your ponents and apply by the deadline. The application is currently open for submissions and applications must be received electronically...
How the ‘sheepskin effect’ signals education and affects wages
Note: This is post #56 in a weekly video series on basic microeconomics. Why do wages in America differ greatly among workers? One reason, says economist Alex Tabarrok, includes differences in human capital—tools of the mind. Education is one of the biggest investments people make to increase their human capital. Which college majors offer the greatest returns? And are all returns on education due to human capital? In this video by Marginal Revolution University, Tabarrok explains how a college degree...
What does the Bible say about wealth creation?
What does the Bible say about wealth creation? Can wealth creation lead to Biblical human flourishing? Earlier this year two evangelical groups, theLausanne MovementandBAM Global, released apaper exploringbiblical perspectives on the theme of ‘wealth creation for holistic transformation’ to address these questions and more. The paper begins by considering the meaning of the terms ‘wealth’ and ‘holistic transformation.’ First, they discuss the concept of wealth: Biblically speaking, wealth is a concept embodying strength, power, riches, and substance. Sometimes ‘riches’ and...
The Russian Revolution’s rebellion against spirit and man
As we reflect on the impact of the Russian Revolution on its 100th anniversary, we’re bound to hear routine admiration of its goals and ideals, even among those who duly recognize the violence and oppression that followed. It’s mon refrain, whether made by college professors or garden-variety Bernie Sanders activists: Socialism has not been tried and found wanting; it has been found difficult and not tried. Indeed, even those who oppose such a system are plicit in this sort of...
Do occupational licensing laws respect human rights?
“Occupational licensing laws harm workers, as well as consumers who purchase services from professionals that require licensure,” says Tyler Bonin in this week’s Acton Commentary. “This harm is disproportionately placed on economically disadvantaged populations. Thus, when examining the effects of excessive occupational licensing in the U.S., it es apparent that these laws present an undue burden on one’s right to livelihood.” In the U.S., the number of occupations requiring licensure from state governments rose by nearly 25 percent between the...
3 reasons to study the Russian Revolution today, according to Dutch lovers of liberty
The Bolshevik Revolution was one of the epochal events of modern history, continuing to affect the world in which we live 28 years after the fall of the Berlin Wall. Modern governments and systems of economics were created in imitation, or opposition, of its fundamental tenets. Too much of the memoration of its centenary last week consisted of celebration by its intellectual heirs. However, lovers of liberty across the transatlantic sphere also paused to reflect upon the occasion. On October...
5 Facts about veterans
Today is Veterans Day, a U.S. public holiday set aside to thank and honor all those who served honorably in the armed forces both in wartime or peacetime. Here are five facts you should know about veterans in the United States: 1. The Veteran’s Administration estimates there are currently 19,998,799 living veterans (18,115,951 men and 1,882,848 women). Out of that number, 8,876,728 served in the Army, 4,264,809 served in the Navy, 3,476,021 served in the Air Force, 2,213,601 served in...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved