By Timothy Lynch

Greater than 10 years in the past, federal officers boldly claimed that they'd create a drug-fee the USA via 1995.

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232. ”39 The search revealed no contraband. 41 If such testing becomes commonplace it is hard to imagine that it will be confined to drug searches. The substances taken for drug tests will also reveal pregnancy and countless genetic secrets. If students get only a diluted version of an already watered-down Fourth Amendment, at least they have standing to complain. But aliens who are searched abroad by our drug agents apparently have no rights at all. 42 Thus, unless they are acting against American citizens or resident aliens, our police can do anything anywhere abroad to anyone.

In all candor, however, I doubt that the Court is ready today to take on the drug war—or Social Security, Medicare, or thousands of other things that Congress has no authority to be engaged in. Yet in all of this, the principles are the same. ” Where is that “articulated”? ” But the broad aspirations contained in the Preamble have never been thought to serve as specific sources of power—much less to have rendered enumeration pointless. Indeed, the Constitution was “sold” to an often skeptical founding generation on the ground that the powers delegated to the federal government were “few and defined,” as Madison put it in the Federalist no.

Obviously, as with alcohol, that second class of people excludes minors and, for different reasons, acting pilots, drivers, surgeons, oftentimes parents, and anyone else whose drug use, under the circumstances, would compromise the rights of third parties. That will involve some close calls, to be sure, and reasonable people may reasonably disagree about some of them. But it still leaves a substantial number of people in that second class. And it raises the fundamental question: By what right do those in the first class presume to restrict the freedom of those in the second class when the latter are restricting the freedom of no one?

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