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To: microgood
The constitutional part of my original reply was based on drug testing being advocated and my objection based on the Fourth Amendment, which it clearly violates.

If the government holds a person down and conducts a drug test without a warrant, you have a point, otherwise you don't.

If I'm an employer, private or government, I have a right to set limits on that employment, even if I'm misguided. The prospective employee is in no way forced to undergo a drug test. They can simply go elsewhere.

Employers or any person giving out money, should be able to set their conditions for the voluntary contract. Of course, the drug user can also refuse and go elsewhere.

39 posted on 10/23/2006 6:48:38 PM PDT by SampleMan (Do not dispute the peacefulness of Islam, so as not to send Muslims into violent outrage.)
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To: SampleMan
If the government holds a person down and conducts a drug test without a warrant, you have a point, otherwise you don't.

What was being advocated was to mandate drug testing for all employees nationwide using OSHA. Without any cause or any warrant. The forced searching of all Americans that have a job by the Federal Government would violate the Fourth Amendment.

It would of course also violate the equal protection clause since people who were not employed would be exempted from the law.
42 posted on 10/23/2006 6:55:42 PM PDT by microgood
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