Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Mar 13, 2026 11:59 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
Chaplains Concerned About Supreme Court’s DOMA Ruling
The Chaplain Alliance for Religious Liberty, an organization of chaplain endorsers representing more than 2,000 current chaplains actively serving the armed forces, is concerned about the Supreme Court’s decision today to strike down a key provision of the Defense of Marriage Act. The Chaplain Alliance calls on Congress to pass enhanced religious liberty protections for all military personnel. “The court’s unfortunate decision to strike down the federal definition of marriage highlights the need for the religious liberty protections recently passed...
Youth Unemployment: Are we Becoming Europe?
Alejandro Chafuen, president and chief executive officer of the Atlas Economic Research Foundation and board member of the Acton Institute, recently wrote a piece for discussing youth unemployment in the United States. According to the latest report, U.S. youth unemployment is at 16.2 percent which is more than double the adult unemployment rate. The unemployment rate for youth in Europe is currently at 24 percent. Chafuen asks, “Can we learn from the European experience?” Using piled by the economic freedom...
Family Breakdown, Economic Decline, and the Search for Spiritual Capital
When es to integrating family and vocation, modernity has introduced plenty of opportunity. But it has also produced its own set of challenges. Though our newfound array of choices can help further our callings and empower our contributions to society, it can also distract us away from the universe beyond ourselves. Thus far, I’ve limited my wariness on such matters to the more philosophical and theological realms — those areas where our culture of choice threatens to pollute our thinking...
Proxy Shareholders Losing Their Religion
Perhaps nothing invigorates the left more than climate change and the exercise of free speech in the political arena – imagine bined dyspepsia when these two issues converge. This is what is occurring with regrettable frequency as Walden Asset Management, Ceres and the Interfaith Council on Corporate Relations have joined a rogue’s gallery of progressive organizations issuing proxy shareholder resolutions urging a variety panies to disassociate from the American Legislative Exchange Council. On June 25, Ernst & Young issued a...
Community, Dignity, and Restoration Through Entrepreneurship
Last month, I had the pleasure of interviewing the folks at Neighborhood Film Company, pany that melds for-profit with non-profit to train, mentor, and employ adults in recovery through the process of filmmaking. This week, Tim Høiland has an article for Christianity Today’s This is Our City project that expands on NFCo.’s story, digging deeper into the ins and outs of their business model and further exploring the dynamics of munity-oriented approach. Though big can sometimes be better, the founders...
Bavinck on Marriage and Cultural Reformation
The Dutch Reformed theologian Herman Bavinck has some wise words for reform of cultural institutions, notably marriage and family, in his exploration of The Christian Family: All good, enduring reformation begins with ourselves and takes its starting point in one’s own heart and life. If family life is indeed being threatened from all sides today, then there is nothing better for each person to be doing than immediately to begin reforming within one’s own circle and begin to rebuff with...
Commentary: Can America Remain the Land of Religious Liberty?
There is little doubt that America is moving further away from the kind of broad and liberal religious freedom that was championed during the founding period. In terms of intellectual thought, that period was certainly the high water mark for religious liberty around the globe. As Americans celebrate their freedoms and Independence next week, I seek to answer the question in this mentary about America’s ability to remain the land of religious liberty. Sadly, the outlook is rather bleak, and...
Religious Liberty and the Regulatory Road to Serfdom
Perhaps for the first time in American history, orthodox and traditional Jews, Christians, Muslims, Buddhists, Hindus, and others may need to form a new alliance in order to defend their religious liberties in an America that’s increasingly less tolerant of principled diversity. Religious and cultural progressives, secularists, and militant atheists pose a significant threat to religious freedom all in the name of “fairness.” What is not “unfair” is that munities are not free to not embrace cultural morality. In ing...
Why Superman is Bad for the Economy
In the new movie Man of Steel, Superman engages in a fight with his fellow aliens from Krypton that causes significant damage to Metropolis. Disaster expert Charles Watson estimates the costs of the physical damage done to the city to be about $2 trillion. To put that in context, 9/11’s physical damage cost $55 billion, with a further economic impact of $123 billion. What would be the impact of Superman’s fight on the economy? According to some liberal economists, it...
Report: ‘A Clamp-Down on Religious Liberty’
From a June 22 CNA/EWTN news article on the 2013 National Religious Freedom Conference in Washington, sponsored by the Ethics and Public Policy Center’s American Religious Freedom Program. The Very Reverend Dr. Chad Hatfield, Chancellor of St. Vladimir’s Orthodox Theological Seminary, echoed the Rabbi Cohen’s statements, telling CNA that “I think that there is a clamp-down on religious liberty in this country, but it’s so incredibly simple that we aren’t catching the signs.” “If one religious identity’s freedoms are taken,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved