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Arguments Against Drug Testing

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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

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