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Drug Testing Essay

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There is a big question floating in the air around a lot of people today,
“Is drug testing the welfare constitutional or not?”
When dealing with this we come to many road blocks. We should know and understand the difference in a drug use problem and a psychiatric disorder. Also understanding the difference in substance abuse and substance dependence. Confusing the two could be an issue. When you decide to drug test the welfare there is much more that needs to go into it than just the test to determine if you should receive benefits from the state or not. Think about the rights we have as Americans have. Drug testing the welfare can bring legal problems, such as due process. There have been states who have tried this in the past but of …show more content…

The housing assistance that the welfare provides doesn’t have the same restrictions but can deny a person because of a drug related or criminal activity.
TANF which is a program that provides cash assistance to needy families. The state is permitted to drug-test these recipients. Although the states must have a “reasonable suspicion” of illicit drug use in order to perform the test. TANF and SNAP are two very closely related programs. Administrators have tried to limit assistance to only “worthy” families. The definition of a worthy family has changed over the years. In the past it was based on a families morals. As where today it is base on crime and drugs.
“The goal should be to develop effective, predictable, and fair systems that identify, monitor and help recipients who experience the full rage of obstacles to self efficiency”
Celia Goetzl, author or “Special Need or Unconstitutional Condition?” discusses that consent, the Fourth Amendment is the key. She says “The court has dealt with the problem of consent as a waiver of constitutional rights with an “unconstitutional conditions” analysis.” This just means that a person would be denied the right of receiving welfare benefits for exercising their Fourth Amendment right. Their goal is to focus on “welfare to work.” Trying to make people use welfare assistance as a platform and eventually be able to not be dependent on it. The fact is that

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