by Josh Stringer

Created on: August 18, 2009   Last Updated: August 19, 2009

This is unconstitutional to the up most extreme, and I will prove that with facts, cases, and the law.

The first part in my augment is the fourth amendment, stating, "The right of the people to be secure in their persons, houses, papers, and effects, 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."

This may seem like a law that only supports search and seizer, however, this mandatory drug testing is stating that you will be confined to a room till you supply a urine, blood, or hair sample. Which is improper unconstitutional seizer of a person. Along with this it is considered battery, or assault, to take a blood or hair sample without consent, not by just the minor, but by the parents.

Declining to take any drug test is not valid evidence to be admitted to court, by pleading the fifth, a genuine fear, a religious belief, and it violates the self incrementation law. This law will not be passed for many of the following reasons.

1: The constitutional judges will declare it unconstitutional.

2: With all these defenses the school will have a very, very hard time testing 500+ students per school.

3: It is an unwise use of taxpayers' money, for there are better uses than testing the whole high school population of every school, when only 5% of students maybe be possible users of drugs other than marijuana, and 1% for stimulants. (For reference look at: http://www.drugabuse.gov/infofacts/HSYouthTrends.htm l) the cost of a regular drug test is about $25.00. Now times that by 500 for a small High School out in the country. That totals $12,500.00. I highly doubt any small town is willing to spend that much to arrest and potentially ruin a couple minors' lives. Times $12,500.00 by 5 or 10 for an urban school, being one of many. That comes to $62,000.00 - $125,000.00. That is nonsense!

This is a Draconian approach to an already failing drug war. The constitution, the law, and moral common sense scream NO! If you agree that mandatory drug testing should be enforced in high schools is darn close to an overzealous attempt at controlling the population so much, that it defies the Constitution is all forms.

Now for reference of an actual court case to make solid this argument, and to show what is granted as Constitutional:

New Jersey Vs. T.L.O (1985) - T.L.O was a fourteen year old high school freshman, who was caught smoking in the school bathroom. After being taken to the Principal's office, she denied that she had been smoking and claimed she did not smoke at all. The Assistant Vice Principal opened her purse, found a pack of cigarettes, cigarette rolling papers often associated with the use of marijuana, some marijuana, money, and documents that implied her in marijuana dealing. The state of New Jersey brought delinquency charges against her in Juvenile court. After denying the motion to suppress the evidence found in her purse, the court held that the fourth amendment applied to searches by school officials.

Therefore they had probable cause and reason to search her, however, there will be no way to supply a "probable cause" for every high school student. I hoped this has convinced you of what is right and acceptable, and what is purely unconstitutional and morally wrong.

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