Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Jul 16, 2026 4:12 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
5 Facts About Patrick, the Indiana Jones of Saints
An aristocratic British teenager is kidnapped by pirates, sold into slavery, escapes and returns home, es a priest, returns to his land of captivity and face off against hordes of Druids. Here are five facts about the amazing life of St. Patrick, the Indiana Jones of Christian saints: 1. Taken from his home in southern Britain, Patrick was captured by pirates in A.D. 405 when he was only sixteen years old and sold into slavery in Ireland. He would spend...
Bill Gates on Poverty and Inequality
In a recent interview with Rolling Stone, Bill Gates — the richest man in the world — shares his thoughts on poverty and inequality: Should the state be playing a greater role in helping people at the lowest end of the e scale? Poverty today looks very different than poverty in the past. The real thing you want to look at is consumption and use that as a metric and say, “Have you been worried about having enough to eat?...
Dear Future Mom: Children with Down Syndrome Are a Gift to Us All
“I’m expecting a baby,” writes a future mother. “I’ve discovered he has Down syndrome. I’m scared: what kind of life will my child have?” In response, CoorDown, an Italian organization that supports those with the disability, created the following video, answering the mother through the voices of 15 children with Down syndrome: “Your child can be happy,” they conclude, “and you’ll be happy, too.” Or, as Katrina Trinko summarizes: “Don’t be scared. Be excited.” That goes for the rest of...
The Blight Of Worklessness
Work is good. It gives meaning and purpose to our lives. It affords us an avenue for our God-given talents. It provides our e, gives service to others, and fashions our society. We are, in God’s image and likeness, workers and creators. Reihan Salam and Rich Lowry, at National Review Online, are talking about the need for work; not just jobs, but work – real, meaningful work. In their discussion, they note that the Democratic party (the “blue collar” party)...
Radio Free Acton: For The Life Of The World
The Brad Pitt of Acton. In this edition of Radio Free Acton, Paul Edwards goes behind the scenes at the premiere of For the Life of the World: Letters to the Exiles, the new curriculum produced by the Acton Institute that examines God’s mission in the world and our place in it. Edwards looks at the curriculum itself, speaks with some of the folks who made it, and gauges audience reaction to the premiere. You can listen via the audio...
Catholics and Anglicans Join Forces Against Slavery
There are more slaves today than were seized from Africa in four centuries of the trans-Atlantic slave trade. In fact, there are more slaves in the world today than at any other point in human history, with anestimated 21 million in bondageacross the globe. In an effort to eradicate modern slavery and human trafficking across the world by 2020, Pope Francis and Archbishop of Canterbury Justin Welby have personally given their backing to the newly-formed Global Freedom Network. The Global...
It’s Official, Millennials: The White House Thinks You’re Stupid
The Affordable Care Act [ACA] has seen more than it’s share of disasters. The clunky website got off to a horrendous start, the “fixes” didn’t work, Kathleen Sebelius got raked over the coals (“Don’t do this to me!”) at a House hearing, and not enough young people are signing up. The solution? The White House has created an “ACA Bracket” (Get it? Huh? Get it?) site where young folks can go and vote for their favorite GIFs and then head...
The Freedom for Patient, Faithful Service
Buried in a note in my book about the economic teachings of the ecumenical movement is this insight from Richard A. Wynia: “The Lord does not ask for success in our work for Him; He asks forfaithfulness.” This captures the central claim of Tyler Wigg-Stevenson’s book, The World is Not Ours to Save: Finding the Freedom to Do Good (IVP, 2013), which I review over at Canon & Culture. As Wigg-Stevenson puts it, “Our job is not to win the...
Samuel Gregg: Defending Paul Ryan
At National Review Online, Acton’s Director of Research, Sam Gregg, takes issue with a New York Times article that takes a “dim view” of Congressman Paul Ryan (R.-Wis.). Specifically, Gregg takes on author Timothy Egan’s charge that Ryan suffers from “Irish-Amnesia” because the congressman suggests that we in the United States have created a culture of dependency. Such attitudes and critiques, the piece argued, reflected a type of ancestral amnesia on Ryan’s part. Egan reminds his readers that some English...
Surviving Sex Trafficking
Vednita Carter wants this to be perfectly clear: human beings are not for sale. It’s a battle, she says, one where she is on the front lines. Carter used to be a prostitute. But don’t think of a woman wearing outrageous outfits, standing on a street corner. No, think sex trafficking. At 18, she was hoping to make money for college when she responded to an advertisement for “dancers.” At first, she danced fully clothed, but her bosses and then-boyfriend...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved