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To: eyedigress
If you ask for welfare and are expected to seek employment, should you be required to be able to pass an employment screening........

This is where the rub is. The very document that protects your right to speech and religion also guarantees the right to be free from unreasonable search by the government and any search must be based on probable cause. Random drug testing infringes on that Constitutional right.

The Supreme Court has allowed random drug testing in certain cases related to public safety, like pilots and truck drivers, but it is not allowed in jobs that are not related to public safety. Initial job screening drug tests are allowed, especially by the private sector. The Constitution does not protect you from private employers, just the government.

In this case, it is the government that wants to do the testing so the Constitution does apply, but so far the rulings indicate both testing of welfare recipients and state workers in jobs not related to public safety will be struck down in Federal Court.

I am reluctant to support this because if the state succeeds here, it will not be long until they come after the rest of us.
92 posted on 05/06/2011 10:58:08 PM PDT by microgood
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To: microgood

The 4th Amendment would not apply to recipients of welfare IMHO. If they are not capable of work due to addiction then say so. Welfare was meant as a temporary measure to pull folks through rough patches of life, not a way of life.


95 posted on 05/07/2011 2:33:36 PM PDT by eyedigress ((Old storm chaser from the west)?)
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