Pubdate: Thu, 11 Dec 2003 Source: Dallas Morning News (TX) b11.html Copyright: 2003 The Dallas Morning News Contact: http://www.dallasnews.com/ Details: http://www.mapinc.org/media/117 Author: Randy McKellar Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) IF KING GEORGE HAD TAKEN UP JUSTICE THOMAS' VIEWS I have had the opportunity lately to consider our Fourth Amendment. At the recommendation of the superintendent, the Argyle Independent School District is now performing random drug testing in our high school. My personal objections to Argyle's drug-testing policies are more practical than constitutional. If the goal is helping young adults make better decisions, drug testing seems to have little merit. On the other hand, if the goal is the appearance of strong executive action or to establish protection from civil liability, I must assume that drug testing serves that purpose. But as I researched the pros and cons of drug testing on the Internet, I found arguments for and against on the basis of Fourth Amendment protections. The Fourth Amendment states, "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." It has been popular lately to portray the Founding Fathers as flawed human beings, but one of the most remarkable things about the American Revolution and the U.S. Constitution is the establishment of a government based on principles; not just effective government or local government, but government based on what is right and on what is just. (Governing others the way they wanted to be governed.) What struck me about the arguments and the Supreme Court's 5-4 decision is how they reflect a weakening of our national commitment to those principles and to our ideals as a nation. In writing the majority opinion, Justice Clarence Thomas stated, "Because this Policy reasonably serves the School District's important interest in detecting and preventing drug use among its students, we hold that it is constitutional." It is unfortunate for England that King George did not have Justice Thomas' eloquence - we can only imagine what the King's argument would have been. "Because our Policy serves Great Britain's important interest in detecting and preventing dissent among its colonists, we hold that it is justified." Certainly King George had a reasonable cause "to prevent the development of hazardous conditions" in the colonies, and "to discover such latent or hidden conditions, or to prevent their development" and that those reasons were "sufficiently compelling to justify the intrusion on privacy entailed by conducting such searches without any measure of individualized suspicion." It seems to me that our nation's principles are not about circumstances or rationalization and that the central issue is not whether or not students have a decreased expectation of privacy at school, but whether or not our leaders, at all levels of government, have a commitment to the ideals and principles of our nation. Randy McKellar, Argyle, Texas - --- MAP posted-by: Josh