Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Jun 28, 2026 8:43 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
Review — Capitalism: A Love Story
The family friendly Movieguide published my review of Michael Moore’s trashing of the market economy, “Capitalism: A Love Story.” Excerpt: Perhaps the most egregious bit of manipulative effort Moore displays in his latest attempt, which by all reports has failed miserably at the box office, is his attempt to use religion, in particular the social teachings of the Catholic Church, to grant an imprimatur to his un-nuanced critique of the business economy. e out of his Catholic closet (who knew...
Colson: Creation and Man
On The Christian Post, Chuck Colson talks about Earth Day and Christian world view in “Creation and Man.” … Christians are rightly concerned that extremists have turned Earth Day into “Worship-Earth Day.” Just listen to a few of these suggestions for Earth Day 2010 that some of the more radical groups are proposing: taking down “global eco-criminals” like Exxon-Mobil; having school kids meditate about the Spirit of Life (that’s “Spirit of Life” with capital letters); seeking international cooperation on reducing...
Journal of Markets & Morality, Fall 2009: A Legacy of Stewardship
The latest issue of the Journal of Markets & Morality, vol. 12, no. 2 (Fall 2009) is now fully online. In the editorial for this issue, “A Legacy of Stewardship,” I write of the loss in 2009 of two figures of importance for the Acton Institute: “In the unique matrix of vocation that made up their lives, Lester DeKoster and Karen Laub-Novak have each left this world with a legacy of faithful stewardship, and it is to such that this...
Chaucer, Eliot and Earth Day
Some Earth Day thoughts, beginning with some reflections on the month of April by two great poets, over at the Mackinac Center for Public Policy. Prior to the inaugural Earth Day in 1970, we witnessed environmental catastrophes of nearly Biblical or World War proportions. Rivers caught on fire, whole species were on the brink of extinction and smog enveloped our cities. One could say a new breed of Man evolved from this morass, emboldened with the conservative spirit of preservation...
Pope Benedict: Retrieval and Reintegration
Catholic World Report published a roundup mentary on the fifth anniversary of Benedict’s pontificate. I contributed a piece titled Retrieval and Reintegration and was joined by a number of outstanding writers whose work is indexed here. Benedict’s efforts to let the past inform and guide the Church’s future By Father Robert Sirico On March 18, 2005, having been at the Vatican to speak at a memorating the 40th anniversary of Gaudium et Spes, I found myself concelebrating Mass in St....
Extending Europe Eastward
A Polish friend mended this NYT piece by Roger Cohen reflecting on the most recent tragedy visited upon the Polish people. Cohen’s friend, Adam Michnik in Warsaw, “an intellectual imprisoned six times by the former puppet-Soviet Communist rulers,” had said to him in the past that: …my obsession has been that we should have a revolution that does not resemble the French or Russian, but rather the American, in the sense that it be for something, not against something. A...
Who’s Polling Whom?
Last night I got a phone call from a polling organization that wanted to ask me some questions about local ing elections and issues.” I listened to the introductory remarks politely but soon found myself persuaded to ask a question. “Where are you calling from?” If you don’t have call blocker, or an answering machine and still pick up your phone from time to time, you likely have listened to “Tina” or “Amy” from a remote area of Bombay or...
Tocqueville on Earth Day?
I know I am a little late on this post, but… This year marks the 40th Anniversary of Earth Day, but if we want to understand its origins, one of the best sources is Alexis de Tocqueville’s master work, Democracy in America and his chapter on Democracy and Pantheism. It’s short, but to the point. It’s also Tocqueville so read it carefully. I found an online version at the University of Virginia’s website. You can read the chapter and the...
Acton on Tap — April 27: Are Tea Parties good for America?
Join us on Tuesday, April 27, at Derby Station in Grand Rapids as we continue our Acton on Tap series, a casual and fun night out to discuss important and timely ideas with friends. This time around, Jordan Ballor & Ray Nothstine will host our discussion and friendly debate on the question, “Are Tea Parties good for America?” Our casual start time is 6pm; The discussion starts at 6:30. Derby Station [view map] 2237 Wealthy St. SE, East Grand Rapids...
Acton Media Alert: Rev. Robert A. Sirico and Kishore Jayabalan on the Fifth Anniversary of Benedict XVI’s Election
Acton President Rev. Robert A. Sirico and Kishore Jayabalan, the Director of Acton’s Rome office, joined host Al Kresta on Kresta in the Afternoon on Friday along with another guest to discuss the pontificate of Pope Benedict XVI as the world marks the fifth anniversary of his elevation to the papacy; audio of the segment is available via the audio player below. [audio: ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved