Discussion in 'Law and Justice System' started by C_Clayton_Jones, Sep 10, 2011.
And legal precedent is on the side of those filing suit:
I dont see how this would be unconsitutional. You are actively using a government service (hand out) that you are not consitutionally obligated to. The state is well within its means to require certain standards to be met.
This isnt random testing of a citizen. When you apply for something like this you are limited by the requirements of the grant.
The public office holder case does not apply here, as that is basically a job.
This is the dispensing of actual cash. Avioding the argument on the merits of basically handing out money to people, the state has an interest in seeing it is spent only on needed items, specifically where children are involved.
Oh yes it is.
It does violate the fourth amendment.
Michigan supreme court also ruled the same.
How so? Notice the burden is "unreasonable." How is it unreasonable to ask a person getting CASH from the government, in return for no service, to prove they are clean of drugs? You have to apply to the program to be considered for the testing. Doesnt the state have a vested interest in not seeing cash it hands out spent on illegal drugs?
I have a better idea, stop giving out cash. If you are on the dole, you get vouchers for things, no cash.
Considering the very tiny number of people found to be on drugs, every test makes the Republican governor look more and more stupid. The ACLU is unknowingly protecting Republicans.
to prove they are clean of drugs?
When did the burden shift to Americans to prove they did not commit a crime?
Being poor is not probable cause.
No one is being forced to submit to a drug screen.
You are only required to take the drug screen as a prerequisite to participate in the program.
Not at all unconstitutional.
What you are proving is that the money you are receiving for free is not being used to support a drug habit.
Because the people who couldn't pass the test didn't show up.
Only 6% of the population couldn't figure that out on their own...congratulations.
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