Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Sep 2, 2026 12:02 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
Questions for Ethanol
Political news changes quickly, and now reports ing out of Washington DC that Senator Dianne Feinstein, who has been leading the way in killing the ethanol subsidy and tariff, has struck a deal with Senators Amy Klobuchar and John Thune, two stalwarts for protecting ethanol. While the rumored deal does not indicate the repeal of the blending mandate it is a step in the right direction. However, while we wait on Congress and the President for action, the Brazilian ethanol...
Water: A Right or a Commodity?
Water is ing scarcer and even more of a necessity than it was before. And while stories of water scarcity typically occur in underdeveloped, arid countries, the United States and other developed countries must realize they are no longer exceptions and must take into consideration the importance of water and the allocation of its use. A recent article in the Wall Street Journal explores the severe lack of water in Palm Beach, Florida. Residents are restricted to once-a-week watering schedules...
Space and “the primal desire to conquer”
Space shuttle Atlantis lifts off the launch pad for the final space shuttle mission. Image credit: NASA TVImagine you’re eight and you’re given a dog. The first thing your parents say is that you need to take care of him: feed him, play with him in the backyard, and train him so that he doesn’t do bad things in the house. You and the new dog quickly e “the dog and his master.” That well-worn phrase can tell us something...
Journal of Markets & Morality 14, no. 1 (Spring 2011)
The newest edition of the Journal of Markets & Morality is now available online to subscribers. This issue of the journal features a Scholia translation of selections from On the Observation of the Mosaic Polity by Franciscus Junius (1545-1602), the Huguenot, Reformed, scholastic theologian (a Latin version of Junius’ original treatise is available for download at Google Books, along with a host of his other works). Best known as a professor of theology at Leiden University from 1592–1602, Junius authored...
Editorial: Intergenerational Ethics and Economics
My editorial, “Intergenerational Ethics and Economics,” appears in the latest issue of the Journal of Markets & Morality (more details about that issue here). In this short piece I explore some of the implications and intergenerational consequences of public debt. For this I take my point of departure with the much-discussed “A Call for Intergenerational Justice,” but I also point out the importance of considering opportunity cost and how that concept has been applied in an analogous conversation about climate...
Otto von Habsburg (1912-2011)
I cannot permit the death of His Imperial and Royal Highness Otto von Habsburg at age 98 on July 4th to pass unnoticed. To look into his face was to gaze into the map of the 20th Century, and to hear him recount his ideas, insights and encounters was worth more than an entire course in European history in most universities. Only slightly acquainted with the man (his father Emperor Karl was beatified by Pope John Paul II in 2004),...
Stewardship and Information Technology
I usually feel sorry when I see the latest news about promise, hacks, or identity theft. Though I feel for the victims, I also think about the individuals carrying out the act. Society rightly looks down on such behavior, especially if the victims are everyday people. What about when a high profile organization or government is hacked? What if an organization of questionable reputation is targeted? The online group Anonymous often aims at high profile targets with their hacks, DDoS...
Relief Efforts Stall Out in Haiti
Acton’s Rev. Robert A. Sirico published an article in Religion and Liberty in the fall of 2010 on Haiti and how we could help it recover. It has been several months since then, and eighteen months since a 7.0 magnitude earthquake struck Haiti near Port-au-Prince, killing around 230,000 people. Eighteen months is a long time and many, including myself, have pushed Haiti into the background of their minds. However, Haiti is still desperately struggling to recover from this terrible disaster....
Pope Benedict and Liturgical Beauty
There has been a lot of buzz throughout the Roman Catholic Church as it prepares to implement a new missal on November 27. As the Church begins a new chapter in its history, Tony Oleck writes an article for Crisis Magazine titled “The True Beauty of Liturgy.” Oleck is a Roman Catholic seminarian for the Congregation of Holy Cross and a summer intern at the Acton Institute. In his article Oleck explains the reasoning behind Pope Benedict’s new missal while...
Acton Commentary: Commodifying Compassion
In this week’s Acton Commentary, “Commodifying Compassion,” I look at the instinct to judge a mitment to charity by the level of material expenditure, particularly by the government. One of the things I think is true in this conversation is that our mitments do show something about our spiritual concerns. So I can agree with Brian McLaren, then, that “America’s Greatest Deficit is Spiritual, Not Merely Financial.” But where I can’t go with him is to the conclusion that changing...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved