Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Jul 14, 2025 3:49 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
Review: Billy Graham and the Rise of the Republican South
Explaining the realignment of American Southern politics is often a favorite area of study among historians and scholars. A region that was once dominated by yellow dog Democrats, has for the most part continued to expand as a loyal region for the Grand Old Party. Among the earliest and mon narrative among liberal historians and writers is the belief that the realignment in the South had to do with a backlash against desegregation. Steven P. Miller in his new book...
Journal of Markets & Morality, Spring 2009
We’re happy to announce that the latest print issue of the Journal of Markets & Morality is available online. The Spring 2009 issue includes a noteworthy study by Alan T. Y. Chan and Shu-kam Lee. In “Christ and Business Culture: Another Classification of Christians in Workplaces According to an Empirical Study in Hong Kong,” Chan and Lee outline four types of Christians at work: Christian soldiers, panic followers, strugglers, and Sunday Christians. Following the classification, Chan and Lee “develop a...
America’s Uncontrolled Debt and Spending is the Real ‘Waterloo’
In mentary this week, “America’s Uncontrolled Debt and Spending is the Real ‘Waterloo,’” I offer the well known point that debt and spending threatens our liberty and prosperity. It is ing very evident that it will be up to citizens to demand accountability from their lawmakers, as I mentioned. What has been tried before has not worked. In terms of liberty, Thomas Jefferson declared, “The natural progress of things is for liberty to yield and government to gain ground.” What...
The Economics Nobel
My response to the awarding of the Nobel Prize in Economics to Elinor Ostrom and Oliver Williamson was published on National Review Online: Unlike a certain other Nobel Prize, the Sveriges Riksbank Prize in Economic Sciences in Memory of Alfred Nobel actually requires evidence of substantial achievement. Mere aspirations and lofty rhetoric count for nothing. This year’s Nobel Prize in Economics has been given to two economists, Elinor Ostrom and Oliver Williamson, who have deepened our understanding of economic governance....
Catholics and Health Care
The Detroit News published mentary on Catholics and health care reform in today’s newspaper. A slightly longer version of the article will appear in tomorrow’s Acton News & Commentary: Catholic America is about as divided about health care reform as the rest of the country. But there are a small number of non-negotiables for Catholics that principally concern any provisions that facilitate or encourage the intentional termination of innocent human life or diminish existing conscience exemptions. These issues dwarf everything...
Kling on Conservatism and Authority
Arnold Kling continued last week’s conversation about the relationship between conservatism and libertarianism over at EconLog. Kling’s analysis is worth reading, and he concludes that the divide between conservatives and libertarians has to do with respect (or lack thereof) for hierarchical authority. Kling does allow for the possibility of a “secular conservative…someone who respects the learning embodied in traditional values and beliefs, without assigning them a divine origin.” I’m certainly inclined to agree, and I think there are plenty of...
Capitalism is Not Based on Greed
In a new essay at The American, Jay Richards explains why capitalism isn’t based on greed. In Acton’s first documentary, The Call of the Entrepreneur, Richards along Rev. Robert Sirico, Sam Gregg, Michael Novak and others touch on this matter in making the moral case for the free economy. ...
What hath Vienna to do with Colorado Springs?
Working as we do here at the intersection between economics and theology, the relationship between various kinds of classically liberal, libertarian, Austrian, and other economic modifiers and religion in general and Christianity in particular is in constant view. Sometimes the conversation is friendly, sometimes not so much. Sometimes the differences are less apparent, sometimes more. Once in awhile a piece will appear on the Acton site or from an Acton writer that brings this discussion to the fore. Last mentary...
Healthcare and Catholics: True and False Arguments
This week’s Acton Commentary: Healthcare reform – it’s one of those causes almost everyone favors, but which almost automatically produces sharp arguments when we ask what it means and how it might be realized. You would have had to be living in a cave for the past eight months to be unaware that Americans are deeply divided on this matter, and that the division runs clean through the middle of munities. That includes Catholic America. Of course, there are a...
Potential and the Peace Prize
In his book Elements of Justice (reviewed in the Journal of Markets & Morality here), University of Arizona philosophy and economics professor David Schmidtz introduces the idea of desert not simply as pensatory notion, but also as including a promissory aspect. That is, what we deserve isn’t always about only what we have done. There might be a real sense in which what we do after an opportunity provides a kind of retroactive justification for having been given a chance....
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved