Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Jun 20, 2026 7:46 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
The self-defeating nature of sin taxes
Rev. Ben Johnson, senior editor at the Acton Institute, writes atCapXthat bishopsshould refrain from encouraging sin taxes. Recently in Poland, a letter written by bishop Tadeusz Bronakowski was read aloud in many Catholic churches, stating that the “state has a ‘responsibility’ to pass laws limiting alcohol’s ‘physical and economic availability,’ and to back them up with ‘ruthless enforcement.'” Johnson, however, asks bishops to take a look at historical records regarding sin taxes and reconsider their stance, because past and present...
On modern economics and the reading of old books
I was living with thousands of Marines on a base in Japan when I discovered a novel about a handful of Classics students living at a small, eliteVermontcollege. Donna Tartt’s The Secret History instantly became on of my favorite books, partially because at the time (1993) I was dreaming of leaving the Corps and attending St. John’s College, a small college famous for their Great Books program. But I came upon a passage in Tartt’s novel that made me realize...
5 facts about the alt-right
A rally held in Charlottesville, Virginia this weekend ended in violence and domestic terrorism, as white nationalist groups clashed with counter-protestors. The Unite the Right rally was intended, as co-promoter Matthew Heimbach explains, to unite the alt-right around the “14 words”: “We must secure the existence of our people and the future for white children’—as our primary motivating factor.” The objectives of the alt-right movement are antithetical to the mission, values, and principles of the Acton Institute and other like-minded...
Entry, exit, and supply curves: Constant costs
Note: This is post #45 in a weekly video series on basic microeconomics. Industries that have a flat supply curve are called “constant cost” industries. An example is domain name registration: to increase the supply of domain names, we must only increase the inputs by a negligible amount. That is why even as the Internet expands so rapidly, says Alex Tabarrok, it still costs only about six or seven dollars to register a new domain name. By showing you how...
Kuyper on Christians’ twofold citizenship
In 1887, Abraham Kuyper helped lead a secession from the mainline Reformed church in the Netherlands. A few months later at the Free University in Amsterdam, Kuyper delivered a speech entitled “Twofold Fatherland,” in which he describes the earthly and heavenly citizenship of Christians, and how these realities impact our understanding of our responsibility and identity in this world. Given the rise of various forms of nationalism, populism, and tyranny around the world today, I can think of no message...
Radio Free Acton: Jacqueline Isaacs on Christianity and libertarianism; Upstream on War for the Planet of the Apes
This week on Radio Free Acton we talk with Jacqueline Issacs, co-author of the recently released bookCalled to Freedom: Why You Can Be Christian and Libertarian,about her ing Acton on Tap lecture and to talk a little about why you can be a libertarian Christian; Acton senior research fellow Jordan Ballor conducts that interview. After that Bruce Edward Walker is back with the latest edition of Upstream, talking with Acton summer intern Anita Chen about War for the Planet of...
Value investing: Restoring ownership and ethics to investment
In today’s global economy, it can be easy to feel like robotic worker bees or petty consumer fleas in a big, blurry economic order. The feeling is understandable. Value creation, even at its largest margins, is increasingly difficult to spot. That’s not necessarily a bad thing, of course. Size, scale, and efficiency all have significant perks. But while we should be wary of the modern to temptation to blindly castigate “big business” only because of its bigness, we should also...
Betsy DeVos to speak at Acton Institute’s 27th Annual Dinner
Mark your calendars and register nowfor Acton Institute’s 27th annual dinner on October 18, held at the DeVos Place in Grand Rapids, Michigan. This year’s annual dinner will feature remarks from Acton Institute president Rev. Robert Sirico and special guest Betsy DeVos, the United States Secretary of Education. DeVos is a Grand Rapids native and a leading innovator and advocate in education. Before her confirmation, DeVos was a member of Acton Institute’s board of directors from 1995 to 2005, and...
We are getting income inequality wrong – and that’s dangerous
People tend to be poor because they are excluded from market exchange, says Anne Rathbone Bradley in this week’s Acton Commentary. Wealth redistribution doesn’t change that but reforming cronyism does. What we need to ensure is that financial capital doesn’t e equivalent to political power for corporations. The topic of e inequality is not new, but it is increasingly dominating academic and policy conversations. When French economist, Thomas Piketty, wrote a 704-page tome on e inequality in 2014 it sold...
Thoughts on Christians and race-identity issues
Here’s the deal, short and straight to the point, in light of the events in Charlottesville: Christians should not be within ten miles of this race-identity stuff. Something like “white nationalism” cannot be reconciled with the Gospel’s leap across racial and national barriers. I’ve always told students that you can be in favor of your country enforcing its borders, but that you should never be one of those folks yelling to keep the Mexicans out or something along those lines....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved