To: microgood
“The problem with this is that it is unconstitutional. To do this, the Fed needs to pass a law similar to the military where you agree to give up your constitutional rights when you go on public assistance similar to giving them up when you go into the military. Otherwise, the courts will strike this down in a heartbeat, as it is a nobrainer violation of the 4th Amendment.”
So it is unconstitutional for an employer to make you take a drug test? Since when is welfare a constitutional right?
26 posted on
05/06/2011 1:39:49 PM PDT by
TxDas
(This above all, to thine ownself be true.)
To: TxDas
So it is unconstitutional for an employer to make you take a drug test? Since when is welfare a constitutional right?
No, an employer is not the Federal Government or state government, so they can do it as a condition of voluntary employment. And welfare is not a constitutional right, but in order to search you, the government has to have probable cause to believe you are doing drugs:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
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