gallantwarrior
Gold Member
So your saying we should keep giving drug users welfare because they might starve? People sell there EBT for money. It happens all the time. I unfortunately know of a few people that sell all but about 75 dollars a month!
No, in the United States we have the Fifth and Fourteenth Amendments, each have a Due Process Clause. That means one is innocent of a crime until proven guilty, and a citizen can not be subject to a punitive measure such as denying an applicants public assistance absent due process.
The Fourteenth Amendment also has a Equal Protection Clause, that means a particular class of persons such as public assistance applicants cant be singled out for a punitive measure simply because they belong to that class, or society in general disapproves of that class activities.
Because simply applying for public assistance doesnt mean one is a drug user, the state can not take adverse action against applicants without evidence of an illegal activity.
Last, there are also Fourth Amendment privacy rights issues as well as reasonable search and seizure concerns.
I see no problem singling out a particular class of persons - those applying for public assistance - to submit to a drug/alcohol test as a condition of their receiving public assistance. I have to submit to such a test to obtain and sustain employment. I choose to do so. Those who apply for assistance also have the same choice. If I fail a "test", there are processes with which I much comply. Apply those same conditions to public assistance applicants who fail their tests. PS, in most places, illegal use of drugs equals illegal activity. Duh!
In the same line of reasoning, you have absolute right to privacy...until you waive that right to obtain some benefit. In my case, I agree to random drug/alcohol testing in order to keep my job. The same can, and should, apply to those who desire to receive public assistance. If they wish not to waive their Fifth Amendment rights, that's cool. They just don't receive public funding.