[bit.listserv.politics] drug testing of legislators

CARBUCKLE@UMKCVAX1.BITNET (Valentine M. Smith) (02/09/90)

The Maryland legislature is considering drug-testing all holders of office along
with already required financial disclosures. Do you think this to be legally
viable? more generally, do you think drug testing violates one's rights to coun-
sel, due process, and self incrimination as outlined by the 4th, 5th and 6th
Amendments to the Constitution?

UNCPJS@UNC.BITNET (Peter J. Schledorn) (02/09/90)

Valentine writes:

> The Maryland legislature is considering drug-testing all holders of office alo
> with already required financial disclosures. Do you think this to be legally
> viable? more generally, do you think drug testing violates one's rights to cou
> sel, due process, and self incrimination as outlined by the 4th, 5th and 6th
> Amendments to the Constitution?

I think all such testing violates these rights, although the courts
are disturbingly willing to allow it.  To be specific, I think that
the only justifiable testing is 1) for specific cause, 2) for
current impairment and 3) when there is a compelling reason (such
as public safety).  Current testing programs only test for past
use, and most often not for cause.  Mass testing programs, such as
pre-employment tests and random tests, seem designed more to
intimidate the individual worker than to make any real progress
against any "drug problem" that may exist.

I met with a staff member of the North Carolina Drug Cabinet a few
days ago, (as part of a committee of state employees considering a
statewide workplace drug policy) and he mentioned that a pre-
employment testing program generally leads to a decrease in the
number of applications that a company receives.  The usual
explanation is that "the addicts have stopped applying," but it
turns out that the percentage drop is almost the same as the
proportion of the public that opposes drug testing!  This kind
of correspondence proves nothing, of course, but it's striking
all the same.

I'm working on some reports in connection with this committee, and
will post them for comments when they're ready.

Best, Peter.

KWILCOX@AUVM.BITNET (ken wilcox) (02/10/90)

on Thu, 8 Feb 90 15:36:00 CST Valentine M. Smith said:
>The Maryland legislature is considering drug-testing all holders of office
>along
>with already required financial disclosures. Do you think this to be legally
>viable? more generally, do you think drug testing violates one's rights to
>coun-
>sel, due process, and self incrimination as outlined by the 4th, 5th and 6th
>Amendments to the Constitution?

Yes it is against all three.  I find that i could be justified to
test people whose jobs can be deadly if they are under the influence
(airline pilots, etc..).

Having a Legislator being tested is just plain grandstanding proving
nothing.  Wait.... The damaged caused by a drunken legislature is
beyond comprehension!!!!!! (sometimes even a sober one!!!!!)

Ken wilcox
typing under the influence

JWS@BROWNVM.BITNET (02/11/90)

What's the big deal about testing drugs on legislators? What else are
legislators good for? It'll save wear and tear on those poor resus monkeys.