Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Apr 26, 2026 4:54 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 Line podcast: Are we in a revolutionary moment?
Since late May, many parts of the United States have grappled with unrest. Anger over George Floyd’s death sparked protests, with looting and violent riots breaking out, as well. Protesters have also been defacing and tearing down statues across the country, including statues of Confederate leaders, as well as monuments to George Washington, Ulysses S. Grant, and even abolitionists. The Capitol Hill Autonomous Zone (CHAZ), also dubbed the Capitol Hill Organized Protest (CHOP), was a six-block area in Seattle where...
How to drain the poison of outrage out of social media
It is a universally acknowledged truth that there are deep-seated problems with social media. Academics have written books against it; once venerable institutions are being torn asunder by it; individuals are being demonized on it; and all the while, we are spending more and more of our lives on it. Social media firms are keenly aware of the problem and are trying, in ham-fisted and halfhearted ways, to address it. Venkatesh Roa, founder and editor-in-chief of the blog ribbonfarm, gives...
Michael Matheson Miller to Patrick Deneen: Strong towns need strong economies
Among the most influential critics of the free market on the Right is Patrick Deneen, a political science professor at the University of Notre Dame. Acton Institute Senior Research Fellow Michael Matheson Miller has published a response in Law & Liberty to Deneen’s recent plea for a national policy to favor munities (“Thinking Big to Act Small” in the American Compass). Miller writes that he shares Deneen’s belief in decentralization, the problems of individualism, the shallow nature of consumerism, and...
Following the crowd: Rene Girard on the denial of Peter
This week, June 29, was the solemn feast of Saints Peter and Paul. The Apostle Peter is remembered for many things: his declaration of Jesus as the Messiah; his boasting of fidelity, followed by his threefold denial of Christ; and his subsequent repentance and heroic martyrdom The late French anthropologist and former Stanford professor Rene Girard has an insightful discussion about the denial of Peter and the problem of scapegoating and contagion. He sees in it an archetype of the...
Espinoza v. Montana: A victory for school choice – but for how long?
The U.S. Supreme Court’s decision in Espinoza v. Montana Department of Revenue admirably defended religious liberty, school choice, and parental rights. However, the court may have also paved the way for teachers unions and hostile politicians to undermine that victory. On June 30, the Supreme Court ruled 5-4 that excluding religious schools from a privately-funded, state-established scholarship program is an “infringement on free exercise” of religion and is “fatally underinclusive” by denying benefits to people of faith. “Discrimination against religious...
Evolving between two worlds
In the latest issue of The New Yorker Larissa MacFarquhar has a deeply researched and beautifully written story, “How Prosperity Transformed the Falklands.” It chronicles the history of the Falkland Islands from the early settlement of the then-uninhabited islands to the Falklands War between Argentina and the United Kingdom in 1982, as well as the economic transformation after that conflict. It is an economic success story but also a meditation on what makes munity and nation and how rapid economic...
Rand Paul on the fatal conceits of COVID-19 central planning
When the first wave of COVID-19 hit the United States, Americans were generally sympathetic to the various lockdowns. Yes, we were likely to endure significant economic pain, but given how little we knew about the virus and how great the risks could be, we were willing to accept the cost. Now, after months of mismanaged responses, contradictory analyses, and flip-flopping guidance from our esteemed sources, trust in our leaders and institutions is wearing thin. Despite all that we have learned,...
Eroding judicial activism (more than) one nation at a time
Judicial activism is a transatlantic problem. Thus, it requires a transatlantic analysis. The Acton Institute has helped link English-speaking citizens concerned with preserving the Constitution in a conversation with the world’s 270 million Francophones. Last month, the U.S. Supreme Court ruled that the 1964 Civil Rights Act included sexual orientation and gender identity, paving the way for new rounds of lawsuits and potentially rendering it impossible for some employers to operate their businesses in accordance with their faith. The justices’...
Acton Line podcast: A primer on religious liberty (rebroadcast)
This week we’re rebroadcasting a conversation about religious liberty with Ryan T. Anderson, the William E. Simon senior research fellow at the Heritage Foundation, that was first released on the podcast in April of 2015. In the intervening five years since we first aired this episode, much has changed in our conversations on religious liberty – but much is still the same. While the focus is no longer on Indiana’s Religious Freedom Restoration Act as it was in 2015, religious...
We are rational animals, not racial animals
The problem with bad ideas is that they never remain merely ideas. Once they attract sufficient – not always majority – support, bad ideas e codified into worse laws, which afflict whole societies. We are witnessing that process now over a misguided notion of how important “race,” ethnicity, and other identifiable factors are to the value of the human person. Consider the answer of science and Western civilization to what makes us uniquely human. The noblest part of a creature...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved