Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Mar 4, 2026 4:01 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 Difference Between the U.S. and China
It’s the end of the semester. A degree of giddiness creeps in. My students and I have been working through the political systems of a variety of nations. Yesterday, we talked about China. China is a wonderful subject because any professor pletely sold out to Marxist fantasy gains the license to speak judgmentally about Mao’s ridiculous policies of The Great Leap Forward (in which the nation stopped producing food and tried to manufacture steel in backyards) and The Cultural Revolution...
Acton Media Alert: Talking Health Care in South Florida
Acton Institute President Rev. Robert A. Sirico joined host Dennis O’Donovan this morning on Religion, Politics and the Culture on WLVJ in south Florida for a wide ranging, hour-long discussion on health care reform and the US Conference of Catholic Bishops’ role in the debate, among other topics. You can listen to the interview by using the audio player below. [audio: ...
Deacons, Secularism, and the Welfare State
A few weeks ago Hunter Baker posted some thoughts on secularism and poverty, in which he wrote of mon notion that since private charity, particularly church-based care, had failed to end poverty, it seems only prudent to let the government have its chance. Hunter points out some of the critically important elements in creating a culture of prosperity and abundance, what Micah Watson calls “cultural capital.” But it’s worth examining in more detail the point of departure, that is, considering...
Socialism Flu Shots for Christmas
Got the socialism blues? Worried that a friend or maybe a teenage son or daughter may contract a nasty case of it? Marvin Olasky at World magazine mends former Acton research fellow Jay Richards’ 2009 HarperOne book, Money Greed and God: Why Capitalism Is the Solution and not the Problem: Among the myths Richards demolishes: The Nirvana Myth (contrasting capitalism with an unrealizable ideal rather than with its real alternatives), the Piety Myth (focusing on good intentions rather than results),...
Acton Media Alert: Jayabalan on the Dubai Debt Crisis
Kishore Jayabalan, Director of Acton’s Rome office, was asked by Vatican Radio ment on the debt crisis in Dubai that has been causing concern in world financial markets over the last week. To listen, use the audio player below. [audio: ...
School Choice and the Common Good
With Afghanistan, health care, and economic distress devouring the attention of media, politicians, and the electorate, school choice may seem like yesterday’s public policy headline. Yet the problems in America’s education system remain. In fact, plummeting tax revenue highlights the necessity of increasing public school efficiency, while unemployment and falling household es heighten the recruitment challenges facing tuition-funded private schools. And quietly, the movement for school choice—improving education by returning power to parents—continues to make progress. This week, news from...
How to effectively fight poverty
In advance of the Acton Institute’s conference, “Free Enterprise, Poverty, and the Financial Crisis,” which will be held Thursday, Dec. 3, in Rome, the Zenit news agency interviews Dr. Samuel Gregg, Director of Research. Recipe for Ending Poverty: Think, Then Act Scholar Laments Lack of Reflection in Tackling Issue ROME, NOV. 30, 2009 (Zenit.org).- The recipe for alleviating poverty is not a secret, and yet much of the work being done to help the world’s poor is misdirected, according to...
George Washington’s Thanksgiving Proclamation
WashingtonA blessed Thanksgiving to PowerBlog readers. [New York, 3 October 1789] By the President of the United States of America, a Proclamation. Whereas it is the duty of all Nations to acknowledge the providence of Almighty God, to obey his will, to be grateful for his benefits, and humbly to implore his protection and favor– and whereas both Houses of Congress have by their joint Committee requested me to mend to the People of the United States a day of...
Review: The Modern Papacy
Ryan T. Anderson, editor of the Witherspoon Institute’s Public Discourse site, reviews Acton Research Director Samuel Gregg’s new book, The Modern Papacy, in the Nov. 28 issue of the Weekly Standard. Anderson says the book is “a significant contribution to the study of John Paul and Benedict’s thought.” Excerpt of “The Holy Seers” follows (for plete article, a Weekly Standard subscription is required): Gregg presents John Paul and Benedict as more or less united in the main trajectory of their...
Commentary — Chavez: Desperate, Delusional, and Dangerous
It’s ironic – and tragic – that as the world celebrates the twentieth anniversary of Communism’s defeat in Europe, ic-opera that is Hugo Chavez’s “21st century socialist” Venezuela is descending to new lows of absurdity. Beneath the buffoonery, however, there’s evidence that life in Venezuela is about to take a turn for the worse. By buffoonery, I mean President Chavez’s decidedly weird statements of late. These include threatening war against Columbia, advising Venezuelans that it is “more socialist” to shower...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved