I’m back. Yes, I’ve away a while but unfortunately, life sometimes takes precedence over my ranting. Not enough time to study and rant about the usual bullshit that is the state of American politics. I am aware of the idiots and the lack of compromise on the debt ceiling, the teapublicans dying wish of financially destroying the country, the continuing union busting efforts, the overreaching abortion laws, the crazy evangelicals acting like the Christian Taliban, perry’s prayer meeting to help him solve our nation’s problems, the disappointing employment numbers. Still, it all seems par for the course in the today’s political atmosphere. The teapublicans act like petulant, spoilt children & the democrats need a backbone. Nobody will win and the biggest losers will be the middle class & the poor.
But what got me rankled was this idiotic post making the rounds on Facebook AGAIN:
Florida is the first State that will require drug testing when applying for welfare (effective July 1st)! Some people are crying this is unconstitutional. How is this unconstitutional? It’s OK to drug test the people who work for their money but not those who don’t? Re-post if you want all states to do the same!”
Last time I touched on the religious right’s lack of compassion and their bigoted rationale for liking this truly fucked law. Today, it’s classic example of the idiocracy we are becoming. What happened to basic civics classes? I’m sure even a grade schooler could point the glaring violation of our basic constitutional rights in the above FB post but then again maybe not. Since NCLB, I don’t think we teach civics in schools anymore. I would post the screen shot of the response, but too much work for such a simple and asinine sentence: “ Ken: It is not a violation if you are getting aid .Take it or leave it.”
Listen up idiots, a basic search on Google will lead you to several cites that have the US Constitution. This is the first hit, look at that, a transcript of the Constitution. http://www.archives.gov/exhibits/charters/constitution_transcript.html Now, if we look for the 4th Amendment in the Bill of Rights, we get the text regarding search & seizures. To save you some time, here’s the actual text: “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 no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. “ As you can see, you must have CAUSE for search & seizure, drug testing is a type of search. And, last time I checked, applying for public assistance is NOT cause for a search warrant. Furthermore, in 2003, the Sixth Circuit Court of Appeals in Marchwinski v. Howard (Michigan) ruled the drug testing of welfare recipients unconstitutional. [Marchwinski v. Howard, 113 F. Supp. 2d 1134, 1142 (E.D. Mich. 2000), aff’d, 2003 WL 1870916 (6th Cir. Apr. 7, 2003).] So as you can see, we already have precedent stating it’s unconstitutional as well as the 4th Amendment saying it’s unconstitutional.
Now for all you teapublicans out there that like to quote the Constitution & our Founding Fathers’ intent, I think they are pretty clear on this one. Read it again, “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 no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Crystal clear, no legal search & seizure without a warrant for cause.
Finally for your silly little arguments that we must stop the fraud & abuse in the welfare system, show me how this does that? Show me how this fixes the budget and unemployment crisis we have in FL. Show me how this law will bring in revenues we so desperately need. Show me how this isn’t just another unfair burden on the backs on the poorest, neediest in our society. Show me how this isn’t just another scheme for Judge Doom to get rich off the taxpayers. Show me the constitutionality of such a law.