Home
/
RELIGION & LIBERTY ONLINE
/
Which Rights Are Threatened by the Federal Government?
Which Rights Are Threatened by the Federal Government?
Aug 12, 2026 9:35 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
Fa(s)t food
There’s yet more evidence that supports my claim, “Besieged by the media and public opinion, quick-service restaurants have got the reputation for being unhealthy. But the truth of the matter is plex. Franchises that have put an emphasis on providing healthy foods have done well…. And as usual, the service industry has responded quickly and efficiently to customer demands.” The AP reports, “Inspired by the documentary ‘Super Size Me,’ Merab Morgan decided to give a fast-food-only diet a try. The...
What Would Jesus Fly? (WWJF)
Greg Gutfield’s rather humorous item at The Huffington Post makes me wonder about this question: What would Jesus fly? (Not to be confused with mon slogan: “Jesus is my copilot.”) While I’m pretty sure that it would be some sort of cumulus-based transport (read “clouds”; see Acts 1:9, 1 Thessalonians 4:17, and Revelation 1:7; 14:14-16), we can be certain that it would not be a private jet. Look, he ing with the clouds, and every eye will see him, even...
The idol of nationalism
What Amrith Lal calls patriotism in this piece from the Times of India is probably more accurately called nationalism, but the point is well-taken nonetheless. The brief essay begins: As practised in our times, it is religion at its worst. The canons of morality and logic are lost on it. All that is expected of the patriot is blind devotion to an abstract entity called the state or whatever that symbolises the state. Needless to say, the state can never...
Recent climate research
Roy Spencer at Tech Central Station examines some of the latest climatology research published in the journal Science. One essential point of the new findings is that the temperature readings based on satellite information may not be as reliable as previously thought. The satellite readings of the atmosphere had been at significant variance from surface temperature readings. As Spencer states of the article by Mears & Wentz, “Their final estimate of the global lower tropospheric trend through 2004 is +0.19...
Space tourism
In an interview with The Space Review Richard Garriott, vice-chairman of Space Adventures discusses the possibilities of space tourism and the potential market in the United States. Garriott describes Space Adventures as currently an [travel] agent, and we have millions of dollars in cash paid reservations for sub orbital flights. But with few or no suborbital space lines to book today, we are working to ensure they exist and that may mean SA invests in that eventuality. Garriott looks forward...
Gimme shelter
Check out this piece at Christianity Today about churches in Zimbabwe providing shelter to the poor who have been dispossessed by Pres. Mugabe’s “drive out trash” campaign: “One Christian worker who requested anonymity said, ‘In some parts of Harare, people have gone to spend the nights in their local churches. People are squeezed into just about every space available. Churches have been openly warned not to help the ‘refugees,’ but how can you turn down someone who is hungry and...
A relevant essay
Given the discussion that’s been going on around the Acton site over the last week or so,I’m pointing out this timely piece (now archived) in yesterday’s St. Paul Pioneer Press, co-written by Todd Flanders, an Acton adjunct scholar and headmaster of Providence Academy. Flanders’ co-author is Dr. Yvonne Boldt, chair of the science department at the academy. In “The origin of the biology debate Intelligent design movement says the science isn’t settled on how life is shaped,” (now archived) Flanders...
Godless science and natural revelation
This mentary by David Michael Phelps cites a University of Chicago study showing “that seventy-six percent of physicians believe in God, and fifty-five percent say their faith influences their medical practice.” Another new study by Rice University sociologist Elaine Howard Ecklund “surveyed 1,646 faculty members at elite research universities, asking 36 questions about belief and spiritual practices.” Ecklund’s survey covers a variety of scientific disciplines, and as the LiveScience report puts it, “Those in the social sciences are more likely...
Mmmm….Bacon….
In John Stossel’s article yesterday, he recounts a story that illustrates the dangers of artificial wage controls. (Davis Bacon is a federal law that requires construction workers be paid an amount determined by a bureaucratic formula instead of wages determined by market forces.) When Chicago decided to repair the Cabrini Green housing project, people who lived in the project assumed such a big job would provide work for the unemployed young men who grew up there. But because of Davis...
Debunking the preservationist myth
An article from Nature examines how even human activity as inherently destructive as military exercises can actually boost biodiversity. In “Military exercises ‘good for endangered species,'” Michael Hopkin writes of the results of a study conducted following US military exercises in Germany. Ecologist Steven Warren of Colorado State University says that “military land can host more species than agricultural land.” And “What’s more, its biodiversity can also exceed that of natural parks, where species that need disturbance cannot get a...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved