MANDATORY DRUG SCREENING FOR WELFARE RECIPIENTS: FISCALLY RESPONSIBLE LIMITATIONS ON GOVERNMENT HANDOUTS OR CONSTITUTIONAL VIOLATION

There is a long history of political maneuvering that surrounds social welfare legislation and government entitlement programs at both the national and state level. One aspect that has received increased attention during the recent economic downturn is mandatory drug screening, which has been a tool for politicians seeking to conserve taxpayer resources and limit the State’s complicity in drug addiction. Especially in times of economic crisis, welfare recipients have become a scapegoat for politicians in conservative, cash-strapped states. This note will not seek to establish a political position, but will examine the current Fourth Amendment paradigm for challenging such legislation and ultimately propose alternatives to withholding welfare, suggesting a new means for challenging legal barriers to the receipt of social welfare under the Equal Protection Clause of the Fourteenth Amendment. View More