Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Jul 14, 2026 10:51 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
More on Romania and Human Trafficking
PowerBlog readers will have noticed a strong, and from my point of view justified, negative reaction here to Elise Hilton’s Aug. 11 post titled, “The Lost Girls of Romania: A Nation of Sex Trafficking.” Commenters referred to the post as offensive and poorly researched. As editor with overall responsibility for the PowerBlog, I want to address the ments we’ve received that take issue with Hilton’s characterization of Romania and Romanian women. Before we go any further, I want to note...
The Not So New Russian Orthodox Banking System
The Orthodox Church in Russia has proposed a banking model that corrects what it sees as the most serious of that global banking industry’s moral failings, says Rev. Gregory Jensen in this week’s Acton Commentary.However the system the Church purposes is unlikely to foster economic growth. It also overlooks the convergence of the free market with key elements of the Orthodox moral tradition. Banks require varying amounts of collateral from and charge different interest rates to different customers. Yes, the...
Audio: Samuel Gregg on Religious and Economic Liberty
Acton’s Director of Research Samuel Gregg made an appearance over the weekend on the Real Clear Radio Hour with Bill Frezza to discuss the relationship between economic and religious liberty, and the role that a Christian worldview plays in building thetype of world that prefigures the Christian idea of the next life. The interview runs for 25 minutes, and you can listen to it via the audio player below. ...
Amazon and the ‘All Jobs Delusion’
In the movie Annie Hall, Alvy Singer (Woody Allen) tells an old joke about two elderly women having dinner at a Catskill mountain resort. One of them says, “Boy, the food at this place is really terrible.” The other one says, “Yeah, I know; and such small portions.” Alvy says that’s essentially how he feels about life: it’s full of loneliness, and misery, and suffering, and unhappiness, and it’s all over much too quickly. Many people seem to have a...
Whitney Ball — A Remarkable Woman
Whitney BallThe freedom movement lost a champion today. Whitney Ball, president and CEO of DonorsTrust, died last night after a long and courageous fight with cancer. Whitney was a dear friend of more than two decades, and one with whom I shared both a passion for liberty and the Christian faith. She was indefatigable in the pursuit of both passions. DonorsTrust, which she has shepherded for most of its history, has been and will continue to be a bulwark of...
Video: Timothy P. Carney On The Threat To Liberty From Big Business
We’ve had our busiest Acton Lecture Series in institute history over the course of the first six months of 2015 – we’ve had more public events at the Acton Building in that period of time than we had all of last year, I believe; I’d venture to say that 2015 is already the busiest year in that regard in the 25-year history of the Acton Institute. We’ve had a bit of a pause in the events schedule over the summer,...
Samuel Gregg on the ‘Seamless’ Ethic of Life
Cardinal Joseph Bernardin (1928-1996)At The Catholic World Report, Acton Research Director Samuel Gregg examines the use of the expression “a consistent ethic of life” — a phrase which has been used by Roman Catholic bishops as far back as a 1971 speech delivered by then-Archbishop Humberto Medeiros of Boston. More recently, Chicago Archbishop Blaise Cupich used the phrase in a Chicago Tribune article about the scandal of Planned Parenthood selling body-parts from aborted children. Elaborating, Cupich said “we should be...
Almost Half of American Voters Would Vote for a Socialist President
Earlier this summer a Gallup surveyasked respondents to answer the following question: Between now and the 2016 political conventions, there will be discussion about the qualifications of presidential candidates—their education, age, religion, race, and so on. If your party nominated a generally well-qualified person for president who happened to be _______________, would you vote for that person? The survey provided some interesting findings, such as25 percent of Americans would not vote for an evangelical Christian. In contrast, fewer people said...
Matt Ridley vs. Environmentalist Cassandras
Highly mended reading es from Matt Ridley in the Wall Street Journal. His essay, “The Green Scare Problem,” rebuts environmentalist Cassandras from Rachel Carson to the present day, exposing the rampant hyperbole ecological warriors employ to sell their global warming and anti-genetically modified organism policies to an unsuspecting public. Ridley goes even further to show how these policies harm the world’s poorest. Ridley begins by quoting President Obama, who reduces the opposition of his climate-change agenda as nothing more than...
Giveaway: Win All 3 Books from Kuyper’s ‘Common Grace, Vol. 1’
Christian’s Library Press has released Volume 1 of its English translations of Abraham Kuyper’s most famous work, Common Grace, which is made up of 3 books (Noah-Adam, Temptation-Babel, Abraham-Parousia). The books are part of a larger translation project that you can read about here. The work presents a public theology of cultural engagement rooted in the humanity Christians share with the rest of the world, making it an extremely valuable resource for Christians seekingtodevelopa winsome and constructive social witness. The...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved