Drug testing welfare applicants is unconstitutional under the fourth amendment doctrine, but changing the welfare program to require consent to testing may be constitutional under the doctrine of unconstitutional conditions. The doctrine of unconstitutional conditions applies to benefits that the government permits but is not compelled to provide in which receipt of the benefit is conditional. The recipient the benefit must have free choice to participate and may be required to perform or forego an activity to receive the benefit. The condition must be connected to the benefit in some way that is typically known as germaneness. A relevant example of the use of the doctrine of unconstitutional conditions is that of Lyng v. International Union, UAW. A 1981 amendment to the Food Stamp Act denied receipt of benefits to anyone who participated in a strike and also denied an increase in benefits if a decrease in income was …show more content…
Public welfare is founded on the basis of helping underprivileged citizens become more self-sufficient and productive members of society. The reasons behind the criminalization of drugs support that drug screening and testing welfare applicants are indeed germane. Most states have taken an alternative approach to their drug screening and testing legislation and only drug test applicants that are suspected to be drug users. Even with the limited number of applicants that were drug tested and denied benefits the states were able to demonstrate significant cost savings. If the drug testing requirement were to be considered germane and passed through legislation, it could allow for blanket drug testing of all welfare applicants and recipients which has the potential to increase the state’s total cost savings thus allowing them to spend taxpayer’s money more
This proposal points out how Texas should adopt drug testing policy for welfare recipients. We researched the state of Oklahoma, its efforts to improve its well-being, the decreased amount of welfare recipients received while increasing employment and the welfare program abilities. Texas is currently reopening this Bill and reconsidering this proposal for drug testing all welfare recipients. This will allow all of Texas welfare recipient’s access to different programs for personal improvement, job opportunists and economic growth.
Pretend you are in kindergarten again and you have just won your favorite bag of candy for behaving yourself in class all week, and right when the teacher presents you with your glorious prize a fellow classmate, which had already been to the principals twice that week, comes up and asks for a piece. You do not want to give him a piece because you worked hard for it and he broke the rules so he does not deserve it, but then he goes to complain to the teacher and she says you have to share with him. Would you be upset if you worked hard to obey the rules to win a bag of candy, and then you find out that you could have gotten a piece anyways? This is exactly how many taxpayers feel about welfare recipients that refuse to take drug test prior to receiving their welfare checks. Since 1996 there has been a call for welfare reform to drug test recipients prior to admission, but any attempts have been unsuccessful because they are viewed as a violation of the fourth amendment, more harmful for children, and an unnecessary expense. These common fallacies have been the main arguments leading the anti-drug testing campaign, but in the past few years many taxpayers have grown increasingly tired of their money being given to undeserving individuals, although there has not been a clear solution to please all parties.
In today’s society about 12,800,000 people are supported by government welfare programs for help with their financial necessities. The argument everyone is making nowadays, is whether or not they should be drug testing recipients of welfare. I agree with this strongly because I know that if I were paying taxes on this program I would not want someone going out and abusing this privilege on drugs. People collecting welfare, or other government assistance, should be drug tested because if they are just going to spend money on drugs, they do not need help.
United States lawmakers face one of the most pressing issues of our time-welfare reform. New screening processes, often considered a direct violation of constitutional rights, have already been enacted in many states. Strong evidence exists, asserting that the practice of administering drug testing to welfare recipients will cost the U.S. taxpayers more money in the long run, stigmatize applicants and participants, and serve only the purpose of making the pharmaceutical companies more powerful. In order to protect the constitutional rights of potential welfare recipients, United States lawmakers should avoid further criminalizing the poor by submitting them to drug testing and/or a nationwide welfare registry.
A second opposing viewpoint is that drug testing is racist and stereotypes recipients as drug abusers . While some may view drug screening of government assistance applicants as stereotyping, it is important to realize that the individuals proposing drug screening are not forcing anyone to undergo screening. Applying for government assistance is a
To test or not to test has been has been the question at hand for many states that are dealing with whether or not to pass the law that welfare recipients should or should not be drug tested in order to receive assistance from the government. Florida was the first state to mandate the law in 2011 and thereafter twenty four other states in the last year have also passed this law with our own state of Oklahoma being one of them. Although alcohol is legal it is abused far more than marijuana or hard core drugs, According to the 1996 study by the National Institute of Alcohol Abuse and Alcoholism the differences between the proportion of welfare and non-welfare recipients using illegal drugs are statistically insignificant. Although some states have decided to pass the law for welfare recipients in order receive government assistance, I believe it’s ineffective to drug test these welfare recipients in order to receive their benefits. Welfare in the United States commonly refers to the federal government welfare programs that have been put in place to assist the unemployed or underemployed. Help is extended to the poor through a variety of government welfare programs that include the Women, Infants, and Children Program which is referred to as WIC, Medicaid, and Temporary Assistance to Needy Families commonly known as TANF and Aid to Families with Dependent Children.
One of the many goals of the American Welfare System is to provide financial assistance to U.S citizens who are unable to support themselves. Government funds are provided in hopes that many of these able bodied citizens will eventually find a way to become financially independent and economically productive. However, there is a percentage of welfare recipients that use their government funding to purchase and abuse illicit drugs. When welfare is abused in this manner, the system loses credibility and the long-term goals of seeing financially self-sufficient citizens, and economic progress on both micro and macro levels, are not only compromised, they are regressed by the negative impacts of illegal drug use. The most common (and commonly debated) method of weeding out citizens who choose to abuse the welfare system is enforcing mandatory drug testing on all welfare recipients. This method is an ongoing controversy involving elements of legality, economics, budget analysis, a violation of rights, the allocation of government funds, and discriminatory stereotypes of welfare recipients. Regardless of the diverse array of fundamental complexities involved with executing or rejecting this preventative procedure, most Americans’ opinions are simply based
Why do people that are working have to pass a drug test while those on welfare do not? This is the question that is causing a lot of debate across the country and throughout congress. Many working class Americans are outraged at the current welfare policies and believe something needs to change. There are always going to be people on government assistance who are abusing the system and who are using drugs while not working. Something needs to change so we can actually help families who need assistance, not those who are abusing drugs and the system. Therefor, I believe that states should require drug testing of all individuals on welfare since those who are supporting them have to pass a drug test.
“If you have enough money to be able to buy drugs, then you don't need public assistance.” Said by Jerry Sonnenberg. For years now many people have wonder why the government doesn't do drug testing when applying for welfare. Many say it's not worth spending government money on, however if the government did do drug testing it could save the government money. I believe that drug testing welfare recipients would benefit our state in different ways. I feel that if the state was to make drug testing mandatory then it would help to prevent welfare fraud. Also it could possibly save the state money in paying out welfare payments. It could possibly weed out the people that
To test or not to test has been has been the question at hand for many states that are dealing with whether or not to pass the law that welfare recipients should or should not be drug tested in order to receive assistance from the government. Florida was the first state to mandate the law in 2011 and thereafter twenty four other states in the last year have also passed this law with our own state of Oklahoma being one of them. Although alcohol is legal it is abused far more than marijuana or hard core drugs, According to the 1996 study by the National Institute of Alcohol Abuse and Alcoholism the differences between the proportion of welfare and non-welfare recipients using illegal drugs are statistically insignificant. Although some states have decided to pass the law for welfare recipients in order receive government assistance, I believe it’s ineffective to drug test these welfare recipients in order to receive their benefits. Welfare in the United States commonly refers to the federal government welfare programs that have been put in place to assist the unemployed or underemployed. Help is extended to the poor through a variety of government welfare programs that include the Women, Infants, and Children Program which is referred to as WIC, Medicaid, and Temporary Assistance to Needy Families commonly known as TANF and Aid to Families with Dependent Children.
The article, “States Adding Drug Test as Hurdle for Welfare” stated that in three dozen sates proposed drug testing for the people that are on welfare. However, people say that the tax dollars given to them are not being misused and that it’s promoting stereotypes about the poor. the article says that in Florida, people that receive welfare have to pay for their own drug tests. Also, it says that people argued that it was unreasonable to drug test those on welfare and that it was an act of search and seizure. It’s noted that drug tests are getting more and more required for getting jobs. Ellen Brandom, a state representative in Missouri said, “Working people today work very hard to make ends meet, and it just doesn’t seem fair to them that
The process of drug testing individuals who are applying or receiving welfare benefits has recently become the focus of a widely spread controversy. Florida, the first state to pass the law, now requires all individuals applying for public assistance to undergo drug testing. The state of Kentucky, among others, have considered following this trend. State lawmakers hope to prevent the squandering of taxpayer dollars on drugs by proposing similar guidelines. Alabama’s states representative Kerry Rich clearly affirmed his state’s position on the matter, “I don’t think the taxpayers should have to help fund somebody’s drug habit” (qtd. in Time).
Drug Testing Welfare Recipients To test or not to test has been has been the question at hand for many states that are dealing with whether or not to pass the law that welfare recipients should or should not be drug tested in order to receive assistance from the government. Florida was the first state to mandate the law in 2011 and thereafter twenty four other states in the last year have also passed this law in our own state of Oklahoma being one of them. Although alcohol is legal it is abused far more than marijuana or hard core drugs, According to the 1996 study by the National Institute of Alcohol Abuse and Alcoholism the differences between the proportion of welfare and non-welfare recipients using illegal drugs are statistically insignificant. Although some states have decided to pass the law for welfare recipients in order receive government assistance, I believe it’s ineffective to drug test these welfare recipients in order to receive their benefits. Welfare in the United States commonly refers to the federal government welfare programs that have been put in place to assist the unemployed or underemployed. Help is extended to the poor through a variety of government welfare programs that include the Women, Infants, and Children Program, which is referred to as WIC, Medicaid, and Temporary Assistance to Needy Families commonly known as TANF and Aid to Families with Dependent Children. Drug testing welfare recipients is negative because drug tests performed on welfare
With 35.4% of Americans on welfare, and the U.S spending over 131 billion on welfare annually, not including food stamps. People have been looking for a way to cut the costs of welfare for many years. And then Welfare drug testing was proposed. At initial thought it seemed like a grand idea and a great way to cut costs and to eliminate all the drug users in the system, and because of that welfare drug testing has been put into action in 13 states. But, welfare drug testing is completely ineffective. Welfare drug testing should not be allowed because it violates the rights of the welfare recipients, it is stereotyping and discriminating against people on welfare, and it is expensive and ineffective . For all these reasons mandatory
Drug testing welfare applicants shouldn’t be seen as a degrading process for the poor. In fact it is for them that this law has been made. When drug users are out of the picture, those who honestly need state aid would be identified. This way, we can all make sure that government money goes to those who really need it. After all, the government makes new laws year because we don’t live in a perfect world. If humanity were perfectly honest all the time, we wouldn’t even need a government. But because some people are actually prowling around like hungry lions, ready to take advantage of loopholes, we need to improve our laws to remain protected from abusers.