Illegal Drugs | Drug Testing of Federal Arrestees Is Unconstitutional

In December 1995, President Bill Clinton announced by “Executive Order” that through his administrative agencies, all persons arrested on federal criminal charges (any and all charges) would forthwith be required to submit to drug tests as a “condition” of release from agency custody on bail. When formally directing the executive branch in the fulfillment of a particular program, the President may implement his authority through an executive order. Presidents traditionally have used these orders to implement their “most important initiatives, basing them on any...

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