Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Sep 1, 2026 11:39 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
The Image of God and the Dignity of Work
Being made in the image of God, says Art Lindsley, is a powerful concept for finding our vocations and living a purposeful life. While the image of God remains after the Fall, it is certainly marred and defaced. As we are redeemed, what will we look like when the process pleted? As God restores us, our unique design in the image of God will shine even more brightly, and our gifts will reach their full potential. We will also look...
Vice, Virtue, and Shareholder Activism
King Louis XIV censored Moliere’s 1664 play Tartuffe after determining audience members might too easily confuse the titular priest’s hypocritical nature with every priest in real life. According to the king, some priests’ “true devotion leads on the path to heaven,” while others’ “vain ostentation of some good works does not prevent mitting some bad ones.” The king’s judgment in many ways also describes individuals who pursue their religious vocations while simultaneously championing secular causes such as proxy shareholder resolutions....
Hey, Teacher, Leave Those Kids Alone (During P.E.)
If you’re a gradeschooler you’re probably sitting in a classroom right now thinking there’s no way teachers could possibly make school more tedious and boring. Well, I have some bad news for you. According to the New York Times, you may soon be studying the periodic table while playing dodgeball: Ms. Patelsky, the physical education teacher at Everglades Elementary School here, instructed the students to count by fours as they touched their elbows to their knees during a warm-up. They...
Radio Free Acton Podcast: Reflecting on the Legacy of Pope Benedict XVI
In this episode of Radio Free Acton, Research Fellow Michael Matheson Miller is joined by Director of Research Samuel Gregg to reflect on the papacy and legacy of retiring Pope Benedict XVI. This is part 1 of a two part podcast. This Radio Free Acton podcast runs just over 21 minutes. Click the media player and listen in: ...
What You Can Do Right Now to Increase Economic Freedom
When we think of the concept “economic freedom” we often think about essential liberties and the factors that make them possible (e.g., free markets, the rule of law, and property rights). But for Christians economic freedom is not an end unto itself but the means for freeing our resources to use in ways that God intends. Being free of the bonds of economic statism is therefore useless if we use our liberty to enslave ourselves. As Kevin DeYoung asks, Do...
Toiling for Pharaoh
My friend John Teevan of Grace College sends out a monthly newsletter, “Economic Prospect.” He passes along this in the current edition: I found this note from a newly retired accountant (age 66) who has not gone on social security yet. His e as a part-time accountant in his town was $60,000. “My e is $60,000 and my IRS taxes are 10,000, my FICA deduction is $8,000, my state e tax is $2500, and my property tax is $6000. So...
Calvin Coolidge: A Rare Kind of Hero
Calvin Coolidge is ripe for national recognition and his wisdom is being sought out perhaps now more than ever. If you’re a voracious reader mentary and columns you’ve noticed mon sense adages are being unearthed at a rapid pace. Most of the credit and recognition for the Coolidge revival goes to Amity Shlaes. Her newly released and splendid biography Coolidge can’t be mended enough. (Full review on the PowerBlog ing) Coolidge was the last president to oversee federal budget surpluses...
How Far Does Faith-Based ‘Shareholder Right to Know’ Go?
On January 31, the Interfaith Center on Corporate Responsibility issued a press release, announcing the organization’s “2013 Proxy Resolutions and Voting Guide.” A quick read of the release and ancillary materials, however, reveals that these resolutions have very little to do with issues of religious faith and everything to do with the progressive political agenda. The ICCR guide “features 180 resolutions filed at panies” that call on shareholders to “promote corporate responsibility by voting their proxies in support of investor...
How to Become Pope
While most Catholics are likely to already be familiar with the process, my fellow Protestants will likely find this video on how the pope is selected to be helpful and informative. ...
From the Roots of Society to the Fruits of Discipleship
I recently wrote about the need to reach beyond an earthbound economics, re-orienting our thinking around a more transcendent framework that requires active spiritual engagement and discernment. Even as Christians, far too often we set our focus too strongly on temporal features like material needs, happiness, and quality of life—all of e into play accordingly—without first concerning ourselves with what God is actually calling us to do as individuals. Transcendent ends will e from transcendent beginnings, and those beginnings will...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved