Drug Testing for Welfare Recipients -- An Examination of Policies and their Implications

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Author
Stinson, Elizabeth K.
Subject
Washington and Lee University, Shepherd Poverty Program
Economic assistance, Domestic
Public welfare
Temporary Assistance for Needy Families (Program)
Drug testing--Law and legislation
Stigmatization
Children of drug addicts
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Capstone; [FULL-TEXT FREELY AVAILABLE ONLINE] Elizabeth K. Stinson is a member of the Class of 2012 of Washington and Lee University School of Law. Currently, there is a popular sentiment that many people are gaming the welfare system. States are attempting to find out which people who receive welfare are “abusing the system” and remove them from the programs. A popular way of attempting to achieve this goal has been to write legislation in both the state and federal legislatures that make it more difficult to receive funding from TANF by requiring a drug test from applicants.
This paper will examine the current status of and the legal history behind these laws including the cases of Marchwinski v. Howard and Chandler v. Miller. The paper will also discuss what the goals of the drug testing programs are and whether or not these laws accomplish their goals. It will discuss the constitutionality and the issues of dignity associated with these programs. It will finally offer a solution for addressing these programs using the judicial system. Elizabeth Stinson