Testing Politicians, Candidates for Drugs Unconstitutional 1997 Supreme Court
Chief Justice Rehnquist in his dissent called the near unanimous opinion a strange holding, and wrote:
Under normal Fourth Amendment analysis, the individual's expectation of privacy is an important factor in the equation. But here, the Court perversely relies on the fact that a candidate for office gives up so much privacy'[c]andidates for public office
are subject to relentless scrutinyby their peers, the public and the press,'
as a reason for sustaining a Fourth Amendment claim. The Court says, in effect, that the kind of drug test for candidates required by the Georgia law is unnecessary, because the scrutiny to which they are already subjected by reason of their candidacy will enable people to detect any drug use on their part
The privacy concerns ordinarily implicated by urinalysis drug testing are 'negligible,'
when the procedures used in collecting and analyzing the urine samples are set up 'to reduce the intrusiveness' of the process. Under the Georgia law, the candidate may produce the test specimen at his own doctor's office, which must be one of the least intrusive types of urinalysis drug tests conceivable.
But although the Court concedes this, it nonetheless manages to count this factor against the State, because with this kind of test the person tested will have advance notice of its being given, and will therefore be able to abstain from drug use during the necessary period of time. But one may be sure that if the test were randomand therefore apt to ensnare more usersthe Court would then fault it for its intrusiveness.
http://www.infoplease.com/cig/supreme-court/testing-politicians-for-drugs.html
I don't think Hillary or Trump should be drug tested but a sanity test should be on the table.
Trump like Bush and Romney first post war Spoiled Rich kids without scruples from draft dodging to heartless elite brats. Educated at the finest schools they much teach to use the the general public or peasants best to suit any desire. Drug testing the masses for jobs is mandatory, the general public are living with the reality of double standards as the norm. I don't think Hillary or Trump should be drug tested but a sanity test should be on the table.