What Are Rights? Understanding What the Government Can’t Do and What It Must Do
When we talk about our rights as Americans, we often think about things like freedom of speech or the right to an education. But did you know there are actually two different types of rights? They’re called negative rights and positive rights. These two types of rights shape how our government interacts with us—and understanding them is a big part of being a good citizen.
Let’s break it down.
Negative Rights: What the Government Can’t Do to You
Negative rights are all about freedom from interference. They’re called “negative” not because they’re bad, but because they protect you from certain actions by the government. Think of them as a big STOP sign that tells the government: “You can’t go here.”
Some examples of negative rights include:
Freedom of speech – the government can’t stop you from speaking your mind.
Freedom of religion – the government can’t force you to follow a certain religion or punish you for your beliefs.
Right to privacy – the government can’t snoop in your home or phone without a good reason and a warrant.
Where do these rights come from? Our Bill of Rights—the first ten amendments to the U.S. Constitution—is packed with negative rights. They’re meant to limit government power so that individuals like you and me can live freely.
But here’s something important: these rights don’t come from the Constitution—they come from God. The Constitution just protects them. Our founders believed we are created with these rights, and the government's job is to protect them—not to hand them out.
Positive Rights: What the Government Must Do for You
Now let’s look at positive rights. These are rights that require the government to take action and provide something. Instead of being a STOP sign, positive rights are more like a TO-DO list for the government.
Here are a few examples:
Right to education – the government must provide public schools.
Right to a fair trial – the government must give you a lawyer if you can’t afford one.
Right to social security – the government gives financial help to older or disabled people.
Positive rights are often connected to laws and programs that try to improve people’s lives. In the U.S., things like Medicare and public schooling are examples of positive rights in action.
So What’s the Big Difference?
Negative rights say what the government can’t do to you.
Positive rights say what the government must do for you.
In a free country, both kinds of rights can matter—but they aren’t the same. Negative rights keep you free. Positive rights are about services and support.
But here’s where it gets tricky: when the government promises more positive rights, it usually needs money and power to make it happen. That can mean higher taxes or more government control. And that’s why some people, especially conservatives, worry that too many positive rights can start to take away our negative rights.
For example, if the government forces doctors to provide certain treatments—even if it goes against their beliefs—that’s a positive right colliding with someone’s negative right to religious freedom.
Why This Matters for You
Understanding the difference between these two kinds of rights helps you understand what kind of country we’re trying to be. America was founded on the idea that our rights come from God, not from government. That means the government’s main job is to protect our freedoms—not to play the role of provider or boss.
That doesn’t mean things like education or healthcare aren’t important. It just means we have to be careful. Every time the government takes on more responsibility, it might be giving itself more power too—and that can be dangerous if it threatens our God-given freedoms.
What You Can Do
As an American, you have the chance to think critically about these ideas. Ask questions like:
Do I want a government that gives people everything they need?
Or do I want a government that protects freedom so people can pursue what they need themselves?
And when you vote, or even just talk about politics with your friends and family, remember this: The most important job of government is to protect your God-given rights. Everything else comes second.