Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Friday, June 03, 2011

Tea Party: Drug Tests for Everyone!

Although random drug testing has not been a big issue over the past few years, Florida is determined to bring it back to life. This past week, Florida adopted two new drug testing requirements: one imposed on welfare recipients and the other on state employees. The irony is that these quintessential illustrations of Big Government were promoted by the Tea Party and one of its darlings, Governor Rick Scott.

Wasn't the Tea Party all about restoring limits on our government and protecting our constitutional rights?

The U.S. Supreme Court has repeatedly held that government-mandated drug testing is a "search" governed by the Fourth Amendment to the Constitution. That provision says in part: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated" and mandates that government have "probable cause" before a search warrant is authorized. Random drug testing is what is known as a "suspicion-less" search. Even without probable cause to believe the person required to pee in a cup has done anything wrong, he or she is forced to turn over bodily fluids for government inspection.

Full Article

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