Smoke crack? You won’t get your government cheese in Florida if you do.

Posted: September 8, 2011 by aquasac in Smell These with Aqua Sac

If you hadn’t heard, Florida has implemented a law requiring welfare recipients to pass a drug screening to be eligible for benefits. This from Florida:

MIAMI — The American Civil Liberties Union of Florida plans to challenge the state’s law requiring new welfare recipients to pass a drug test.

An ACLU spokesman told The Associated Press Wednesday the lawsuit is being filed on behalf of a 35-year-old Orlando man, Luis Lebron.

The spokesman says Florida’s drug testing law is unconstitutional, saying it violates the Fourth Amendment’s search and seizure protections.

No further details of the lawsuit were immediately available.

Gov. Rick Scott signed the drug testing bill into law in July. Under the law, welfare applicants must pay for the drug tests. If they pass, they’ll get reimbursed. If they fail, they can’t get benefits for at least a year, and could face child abuse charges.

Ah, the ACLU, nothing but a front group for progressive politics. Now, the group sometimes fights a good, legitimate fight, but normally they file lawsuits on behalf of Leftism to further undermine any and all traditional edifices. So, are they correct here?

Nope. Welfare is a state funded program, meaning it uses tax dollars from the productive to supply the non-productive bottom feeders. One must qualify in order to receive benefits. If you do drugs, you don’t qualify, because you are in essence using other peoples’ money to get high. That’s my take from a personal standpoint.

Now, from a legal standpoint, does the ACLU have a case? Well, that depends on if the residing judge is liberal or conservative. Here, I’ll make my case.

The ACLU does not have a case, in a sane world with sane judges that is. One does not have a constitutional right to welfare. In order to obtain welfare, or any other government subsidy, one must qualify, as I previously stated. Is it a violation of the 4th Amendment to mandate drug tests for this purpose? I don’t see how, being that these folks have no right to this money, and the state has every incentive to insure the money is allocated to the truly deserving, which does not include crack heads. One does NOT have to accept benefits, but, if he wants to, he must prove he is clean. Because no one is forced onto welfare by the government, it being voluntary, then no 4th Amendment issue arises. You can voluntarily give a urine sample, and you may refuse, you just won’t get your benefits.

By the same token, the ACLU should be suing the US military for drug testing service members. Why is that not a violation of their “rights”? Because the military is voluntary, just like welfare.

Now, one might argue to me “but sir Greg, then how come you call it a violation of the 4th Amendment concerning the TSAs screening of airline passengers, with naked pictures and basically getting to second, or third base, with a TSA agent?” For one, the TSA is a governmental intrusion into a private business. If the private business, airlines that is, provided for the security and mandated all passengers be checked, then no violation occurs. People can choose another airline if uncomfortable.

When a government entity interferes and forces such acts, then we have a violation. You may say “but, sir Greg, you don’t HAVE to fly”. True, but that’s irrelevant once the government gets involved. According to the constitution, no person can be searched without a warrant or probable cause. By searching us for merely traveling, without a warrant, is a violation of the 4th. If the government can do this at the airports, then there is no reason they cannot do it on the highways, train stations, subways, bus stops, etc. If you cannot be stopped in your car and searched for no reason other than driving, how on earth is it that the same can be done at the airports?

On a side note, does anyone really believe we are safer with the TSA in place? Seriously? Terrorists know it’ll be hard to get on an airplane, perhaps killing a couple of hundred people. They are interested in killing many more, say, like at a sports event, in a mall, etc. For the government to say they are keeping us safe in the airports, by default they are also saying that air travel is the ONLY safe way to fly, being they ONLY violate our rights at the airport. Again, what will stop them from doing the same elsewhere?

In conclusion, the ACLU has no legitimate case. But, because there are plenty of liberal judges out there, so their case could easily be granted in their favor. If Florida passed a law requiring everyone to get a drug test, just because they wanted to know who’s doing drugs, then we have a clear violation of the 4th. When the drug test is a result of a voluntary action by the citizen, then there is absolutely no case for a 4th Amendment violation.

  1. girolahozz says:

    we just need light sabers on airlines…

  2. Midget Ninja says:

    I agree, we should allow light sabers on airlines.

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