Federal Court Repeals Welfare Drug-Test Program, Research Paper Example

It is necessary for the government to promote the welfare of its citizens while determining how to defend their rights. Often, it is challenging to create a balance between these two needs. To cope with the pitfalls of systemic poverty and lack of employment, welfare recipients often turn to substance abuse for transient relief, which adversely impacts their capacity to socialize, their health and well-being, and their ability to perform well in the workplace (Pollack et al., 2002, p. 256). In turn, members of society are required to compensate for these deficiencies by contributing taxes to the government that will contribute to programs ranging from substance abuse therapy to incarceration. Republicans in Congress continue to draft bills that give states the power to mandate and administer drug tests for welfare recipients. Individuals who test positive for any illicit substance would be forced to enter a drug rehabilitation program and abstain from the consumption of illicit substance or risk losing their welfare benefits (Vitter, 2011). This paper will evaluate the positive and negative aspects of this legislation to determine how the American people will benefit from either option.

This topic originated from my knowledge of the current events and the problems that are related to drug legislation. It is challenging to determine whether implementing a drug testing requirement for welfare recipients will discourage drug use or save the government money. In addition, it is challenging to determine how this legislation will positively or negatively benefit American tax payers. However, it is important to find an answer to this question in order to benefit the American public. Many problems related to the use of drugs and the proper enforcement of drug laws exist and this research would positively contribute to an enhanced understanding of effective policy.

A handful of state governments have already passed injunctions for required drug screenings of welfare recipients in response to reports of escalating substance abuse within the welfare. Maryland, New Jersey, Nevada,  Florida, Indiana, and Oregon have all probed various kinds of policies that broach this topic, although the constitutionality of state-mandated drug testing policies has been questioned in all cases (“Should Welfare Recipients be Tested For Drugs?”, 2011). Therefore, it is necessary to conduct an enhanced analysis of this legislation to determine whether this policy could help tax payer money be used more efficiently. In 1999, Michigan became the first state to devise a seminal program that required all welfare recipients residing in Michigan to take a chemical blood test (Douglas et al., 2003, p. 7). Critics have decried such policies and programs because, they argue, mandatory drug testing not only undermines the fundamental rights of all Americans enshrined within the U.S. Constitution by violating the Fourth Amendment but also yields high costs with very little evidence that such a stipulation would mitigate or deter substance abuse (Wurman, 2013, p. 1153). However, it is also possible that implementing this law will protect the rights of tax paying citizens.

While much is known about policies that exist to address welfare scandal and the efficient use of taxpayer funds, it is necessary to determine which policies are the most effective and how existing legislation could be modified to confer an enhanced benefit. It is possible that this legislation will reduce the use of drugs and add money to the welfare budget, or it is possible that this legislation will incur unexpected expenses. However, it is important to analyze this situation to improve the well-being of the American public.

References

Douglas, C. A., McCauley, M., Ostrow, M., & Wimbrow, M. (2003). United States: federal court repeals welfare drug-test program. Off Our Backs, 33(5/6), 7-8.

Pollack, H. A., Danziger, S., Seefeldt, K. S., & Jayakody, R. (2002). Substance use among welfare recipients: trends and policy responses. Social Service Review, 76(2), 256-274.

“Should welfare recipients be drug tested?. (n.d.). US News. Retrieved August 18, 2015 from http://www.usnews.com/debate-club/should-welfare-recipients-be-tested-for-drugs

Vitter, D. (2011). Should welfare recipients be drug tested?” U.S. News Digital Weekly. Retrieved August 24, 2015 from Academic Search Complete.

Wurman, I. (2013). Drug testing welfare recipients as a constitutional condition. Stanford Law Review, 65, 1153-1193.

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