Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Sep 13, 2026 2:13 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
Acton Commentary: The Legalism of Political Christianity
In today’s Acton Commentary I explore “The Legalism of Political Christianity.” This quote from Ernest Lefever (not included in the piece but which does appear in my book) represents the basic position well: It is dangerous for any Christian body to identify itself fully with any specific political cause or order, whether the prevailing one or a challenge to it. In identifying with a secular power or agency, the church runs the risk of losing its critical distance and of...
Lincoln’s Thanksgiving Day Proclamation
Text of proclamation: The year that is drawing toward its close has been filled with the blessings of fruitful fields and healthful skies. To these bounties, which are so constantly enjoyed that we are prone to forget the source from which e, others have been added, which are of so extraordinary a nature that they cannot fail to penetrate and soften the heart which is habitually insensible to the everwatchful providence of almighty God. In the midst of a civil...
Acton at ETS 2010
A number of Acton staffers, including myself, had the pleasure of attending the 2010 meeting of the Evangelical Theological Society held in Atlanta, Georgia. There will be more on some of the goings-on at this event e, but to get a sense of what our presence was like in the exhibition space, check out the pictures below. Kudos especially to Kara Eagle who did a great job with design (assisted by Melissa Burkholder) and execution of our exhibit space. We...
Catholic Social Teaching and the Tea Party Movement
Kevin J. Jones of the Catholic News Agency interviewed Acton’s Rev. Robert A. Sirico and Dr. Steven Schneck, Director of the Institute for Policy Research & Catholic Studies at the Catholic University of America, to find out how the Tea Party lines up with Catholic Social Teaching. Here’s a snip: Fr. Sirico described the Tea Party as “an amorphous thing” with a lot of variety and as a “populist, spontaneous movement.” He thought mon themes include a desire for less...
Debate: The Source of Human Morality
The University of Maryland — Baltimore County Orthodox Christian Fellowship and the school’s Secular Student Alliance sponsored a Nov. 16 debate on the subject of “The Source of Human Morality” with about 450 people in attendance. Fr. Hans Jacobse, an Orthodox Christian priest and president of the American Orthodox Institute (he blogs here), squared off with Matt Dillahunty, the president of the Atheist Community of Austin, and host of the public access television and Internet show The Atheist Experience. The...
Secular Waste Lands and Hollow Men
Joseph Epstein’s essay, “T.S. Eliot and the Demise of the Literary Culture,” in the November issue of Commentary, strengthens the case for The Waste Land author’s enduring legacy. Epstein captures the high points of Eliot’s biographical and literary plishments in only eight pages – an admirable feat given the extent of Eliot’s influence on the past century. After filling out the checklist of Eliot’s early poetry, friendships, jobs, marriages, alleged anti-Semitism, and criticism by rote, Epstein concludes Eliot was a...
The Ecumenical Future
Today is my last day at the Evangelical Theological Society (ETS) meeting in Atlanta. I plan to make my purchases from the various book sellers this morning, having already reconnoitered the exhibits and mapped out my plan of attack. One thing that has struck me is that there are a number of new books discussing ecumenism and Christian unity from host of different perspectives. On the one hand this shouldn’t be surprising. The unity of the church is a constant...
Europe, Immigration, and Merkel’s Christian Values
This week’s Acton Commentary. Sign up for our free, weekly email newsletter here. Europe, Immigration, and Merkel’s Christian Values By Samuel Gregg It’s not often senior European political leaders make politically-incorrect statements, but Germany’s Chancellor Angela Merkel has recently made a habit of it. The subject has been the touchy question of Muslim immigration and the challenges it poses for European identity. Not only has Merkel upset the European political class (especially the Left and the Greens) by saying what...
Vocation: The Doctrine of the Christian Life
On Nov. 18, at the General Meeting of the Evangelical Theological Society in Atlanta, Gene Edward Veith of Patrick Henry College gave a lecture titled, “Vocation: The Doctrine of Christian Life.” In the lecture, he explains why theological educators can’t fulfill their own vocation until they recover the vocations of those around them. The lecture was sponsored by the Oikonomia Network, a project of the Kern Family Foundation, dedicated to integrating discipleship with everyday life by developing a biblical perspective...
When Ecumenism Meets Subsidiarity
Today a group of Calvin Seminary students enjoyed a lunchtime talk by Dr. John H. Armstrong, founder of ACT 3 and adjunct professor of evangelism at Wheaton College, “Missional-Ecumenism: The Protestant Challenge and Opportunity.” Dr. Armstrong spoke about his book, Your Church is Too Small: Why Unity in Christ’s Mission Is Vital to the Future of the Church, where he lays out his vision for missional-ecumenism. Rather than emphasizing the institutional and international focus of the older mainline ecumenical movement,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved