Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Apr 24, 2026 3:01 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
Why Churches Should Be Tax Exempt
Churches and other religious institutions in American are almost always exempt from federal, state, and local taxes. The justification for this policy is usually that such institutions provide vital charitable benefits to society. While that is undoubtably true the benefits argument is not the strongest reason to support tax exemption. A better reason is that we need to maintain a distinction between the state and the church. As Richard W. Garnett and Paul J. Schierl explain, the separation of church...
Community and Economic Development: Transforming Our Cities Through Love
Growing up impoverished in the Grand Rapids area himself, Justin Beene brings a unique perspective to his lecture on Community and Economic Development. He has seen first-hand the good intentions behind top-down investing to eliminate poverty and racial injustice, and the consequential damage wreaked upon munities. Urban cities have largely been developed through three forces: gentrification, pouring resources into them, munity development. Beene asserts that we need to cut off top-down funding and start supporting neighborhoods in solving their own...
Patriotism, Politics and Christianity
Between the outrageous actions of legislators, controversial supreme court decisions and the ing presidential election, every day the news is bombarded with stories and opinions that do not coincide with biblical convictions. This seems to leave many Christians in the United States despairing, disillusioned and detached. While they certainly have legitimate troubles, I’m concerned when I see my fellow Americans retreating from interest in the public sphere because they are so bothered by “the way this country is headed.” Regardless...
Overproduction and stewardship
Overproduction, simply put, is supply in excess of demand. It is the production of more goods and services than those in the market would like to purchase.Overproduction, in a well functioning market economy, should be temporary.In a dynamic market driven by entrepreneurs,resources e allocated towards their most highly valued uses. If some clever entrepreneur makes a million shoes, but only sells two pairs, he will be unlikely to overproduce in the future. This is good, because the overproduction signals to...
Now Available: 92 Lectures from Acton University
We’re pleased to announce that we’ve added 92 lectures from Acton University 2016 to our digital download store! You can pick up the evening plenary lectures from Magatte Wade, Vernon Smith, William Allen, and Acton President Rev. Robert A. Sirico for free – and then select audio froma wide variety of speakers on a diverse range oftopics from the daily sessions, including addresses by intellectuals and experts like Michael Novak , Kim Tan, and Prof. Peter Kreeft, among others. Nobel...
For Girls, Sexual Abuse Is the Prison Pipeline
The current debate surrounding overcriminalization and juvenile incarceration is often centered around the male prison population. The debate increasingly overlooks the problems that face young girls caught in the prison pipeline to juvenile detention. New data in the past several years has shown that the prison pipeline for girls often includes a pattern of sexual abuse that is not present in cases involving male delinquents. A 2015 report published by Georgetown Law’s Center on Poverty and Inequality found that girls...
Video: William B. Allen on the Common Foundation of Christianity and Modern Politics
On Thursday, June 16th, it was a great pleasure to e William B. Allen – Emeritus Professor of Political Philosophy and Emeritus Dean of James Madison College at Michigan State University – as a plenary speaker at Acton University 2016, to deliver an address entitled “A Moral Surprise: The Common Foundation of Christianity and Modern Politics.” Allen used his address to argue that true political freedom requires freedom of conscience as its foundation – a freedom of conscience that cannot...
Democratic Party Platform Draft Includes $15 Minimum Wage
Sometimes predicting the future is difficult (ask anyone who thought we’d have flying cars by now). But sometimes foreseeing what is going to happen — at least to a high degree of probability — is all too easy. For example, it’s fairly simple to ascertain that sometime in 2017 or 2018 we will see a huge spike in the unemployment for the working poor and increasing the replacement of low-skilled jobs with automation (i.e., robots). The reason: the $15 minimum...
How Kentucky Schools Are Rejecting the ‘College Readiness’ Cookie Cutter
Fueled by a mix of misguided cultural pressures and misaligned government incentives, college tuition has been rising for decades, outpacing general inflation by a wide margin. Yet despite the underlying problems, our politicians seem increasingly inclined to cement the status quo. Whether it beincreasedsubsidies for student loans or promises of“free college” for all, such solutions simply double down on our failedcookie-cutter approach to education and vocation, narrowing rather than expanding the range of opportunities and possibilities. Fortunately, despite such aninept...
What Would Happen If We ‘Forgive’ Student Loan Debt?
Student debt has e a hot issue this election season, with both Democratic candidates —Clinton and Sanders — offering proposals for forgiving student loans. But what would happen if the U.S. actually forgave student debt? Would the loans simply vanish? Would tuition prices decline? Economist Don Boudreauxexplains what really happens and why “debt forgiveness” merely transfers the debt to others. ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved