Rep. Stephen Fincher (R-TN) has once again introduced legislation in Congress which would require states to mandate drug testing for recipients of welfare benefits. As the Memphis (TN) Commercial-Appeal reported on March 4, 2013:
Introducing legislation Monday that was banned as unconstitutional just last week in Florida, U.S. Rep. Stephen Fincher would require those receiving or applying for federal welfare benefits to submit to illegal drugs testing.
The Welfare Integrity Act would require states to certify that applicants and current recipients are being randomly tested for illegal drugs.
In a statement released Monday, the West Tennessee Republican’s office says the bill attempts to “pass constitutional muster” by providing a consent and waiver form “where applicants are given the choice to waive their Fourth Amendment Rights and submit to a random drug test.”
It was unclear what the consequence would be for those who declined to waive their rights not to be subject to what the Constitution calls “unreasonable” searches.