Preview

Constitutional Rights

Better Essays
Open Document
Open Document
1438 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Constitutional Rights
Constitutional Rights

Constitutional Rights are afforded to every American Citizen by the first ten amendments to the Constitution or more commonly known as The Bill of Rights. The fourth amendment of The Bill of Rights applies to all and states, "the right of the people to be secure in their persons" (para.4). When a person accepts a position anywhere, whether at a small family owned grocery store or a major corporation, one does so with the understanding that some inalienable rights will be given up. This paper examines if an employer can crush those rights by using lie detector tests, monitor employee phone calls and emails; use surveillance cameras, and issue random drug-testing.

Drug-Testing

The American Civil Liberties Union states, "drug testing of individuals without cause is ineffective, expensive and, often times, illegal" (para. 1) as well as, "drug testing of individuals without cause is an affront to the Fourth Amendment" (para. 2). While the fourth amendment does state, "the right of the people to be secure in their persons," it does not imply that only the employee is to be secure in his person (para.4). At Kelsey High School, the administration has come to the conclusion that drug-testing while expensive and legal is in fact, effective. The children 's safety while in the care of the school is the number one priority. Personal privacy is not being violated when a teacher is asked to take a drug test that will only ensure our youth is in safe hands.

Lie detector tests

The Employee Polygraph Protection Act of 1988 prohibits private employers to request an employee to submit to a lie detector test whether that test is, for pre-employment or during an employee 's term of employment, (Barnes, Dworkin, & Richards, 1980) Kelsey High school realizes that an employee may file suit against the school if he believes that they are wrongly accused. Furthermore, unless the employee is under investigation for embezzlement or any



References: ACLU: American Civil Liberties Union. (2007). Teachers Join Us: Protect Your Privacy. Retrieved October 26, 2007, from http://www.aclu.org/drugpolicy/testing/31358res20070917.html Apollo Group (2006) Virtual Organizations Cornell University Law School. (2007). United States Consitution. Retrieved October 26, 2007, from http://www.law.cornell.edu/constitution/constitution. unknown. (April 2004) www.privcom.gc.ca Privacy Rights Clearinghouse

You May Also Find These Documents Helpful

  • Good Essays

    In a town named Vernonia, Oregon, the local public schools faced a major problem regarding the drug use of students while participating in high school athletics (3). The Vernonia School Board were disturbed that drug use increases the risk of sports-related injury (4), so they approved an anti-drug policy, the Student Athlete Drug Policy, which requires random drug testing of the school’s student athletes (5). However, this became a conflict with the parents of a child named James Acton. The parents refused to sign a consent form to allow their kid to take the drug test because they felt it went against the 4th Amendment’s prohibition against “unreasonable” searches (6). The case was dismissed in the Federal District Court and was appealed to the Court of Appeals for the 9th District (7). This court favored the Acton families’ complaint, but random drug testing in public schools was ruled allowable in 1988 in Indiana, Illinois and Wisconsin (8). The case went on appeal to the U.S. Supreme Court to conclude conflicting court decisions (9).…

    • 1137 Words
    • 5 Pages
    Good Essays
  • Satisfactory Essays

    legal memo citations

    • 270 Words
    • 2 Pages

    Emily Gold Waldman, Students Fourth Amendment Rights in Schools: Strip Searches, Drug Tests, and more, 26 Touro L. Rev. 1131 (2011)…

    • 270 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The authors also state that suspicionless searches teach students that rights do not matter. I disagree with the author's point of view on overstating the dangers of drugs in schools. I believe it is a growing concern in our public school system. How do we expect a student to concentrate in class if he is stoned all the time? I think instituting random school searches should be on a case by case basis by school district. Blankenau and Leeper's article do not raise any issues of escalating school violence. Are weapons growing concerns like drugs are? The authors surveyed responses of Nebraska High School Principles to obtain data on how effective their drug polices have been. The article in this book does not allow me to make any comments on the strengths and weaknesses of their field study because they did not go in depth of what the study…

    • 4872 Words
    • 20 Pages
    Good Essays
  • Satisfactory Essays

    - court agreed that searches by school officials do not violate the Fourth Amendment as long as the official has “ reasonable grounds to believe that a student possesses evidence of illegal activity or activity that would interfere with school discipline…

    • 361 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Drug Testing Case Summary

    • 446 Words
    • 2 Pages

    Another case that addresses drug testing is Aubrey v. School Board of Lafayette Parish (1998). In this case we are looking at the Fourth Amendment rights of employees. Aubrey was a custodian at an elementary school. In December 1992 the board adopted an Employee Drug Testing Policy stating all "safety sensitive" employees are subject to random selection and drug testing each year. In August of 1993, Aubrey attended and in-service where the y policy was dispersed and reviewed. On September 28, 1994, Aubrey and fourteen other employees undergo drug testing through urinalysis screening. Aubrey tested positive for a chemical that is known to be found in marijuana. In lieu of termination, the Board recommended that Aubrey attend a substance abuse program.…

    • 446 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The U.S Constitutional amendments place limits on what law enforcement and how a trial should be governed. These strict rights are to be followed because if an officer fails to abide by the proper procedure, the trial court may forcibly put an end to evidence obtained in violation of proper procedure or even release the arrested suspect. This is an amendment that deals with each of the following: criminal due process, arrest, interrogation, search and seizure, Miranda, punishment, the right to jury trials, and the right to counsel.…

    • 376 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    The purpose of this paper is assess the limits search and seizure in public schools, apply specific ruling, analyze the New Jersey v. T.L.O. case and explain, recommend changes to existing (specific) laws to create a fairer educational setting in terms of search and seizure and peer review. School officials are responsible for providing a safe and orderly school environment. The officials are required to address disrupting or unsafe behavior that violate school policy and rules. It may require searching of students and their belongings. Dealing with disrupted behavior is a difficult situation that requires decision-making on when, where and how to conduct a search and seizure. My assess limit search and seizure is on hunch or just general search. School officials must have reasonable or proper cause to search.…

    • 2085 Words
    • 9 Pages
    Powerful Essays
  • Satisfactory Essays

    In school, student's Fourth Amendment rights are limited. Teachers and school administrators are legally allowed to search students without a warrant. Student's basic rights are being violated and it shouldn't be legal. Their rights shouldn't be limited because it invades student's privacy. Also, these searches could be unreasonable and suspicion less. These students can be searched without a warrant. People in school shouldn't have their rights limited and violated just because of suspicious teachers. This limitation of students' rights is unconstitutional.…

    • 696 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British, and they made sure to write protections into the U.S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth Amendment was created. The Fourth Amendment has gone through many challenges and controversies in the past, and currently the issue of how the Fourth Amendment applies to students in public schools has come to be contended in the courts. While it is apparent…

    • 1338 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Many people today are arguing whether this move towards making drug testing a requirement to receive welfare benefits is unjust or not. This argument is based on the fourth amendment…

    • 845 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Some people believe that the right of privacy should be extended to the workplace. Others feel that, on the contrary, that such an extension would constitute an unwarranted incursion into the management's right to manage.…

    • 163 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    Schulman, M (1996). Little Brother is Watching: Employer Monitoring. Retrieved on June 21, 2013 from www.scu.edu/ethics/publications/iie/v9n2/brother.html…

    • 1036 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Rights And Amendments

    • 954 Words
    • 4 Pages

    When dealing with rights, laws, and amendments there will always be particular uncertainties, especially if they are in the best interest of the people. Amendments are meant to correct, provide change and make improvements for past amendments, making new ones more specific to each citizen that is involved. Amendments for the constitution involve making sure that rules and laws are put forth correctly and properly obeyed. Many amendments were made under the circumstances of the time period in which they were created. For example, the twelfth amendment which establishes Electoral College, this was developed because many only wanted educated people to vote. Many people used the twelfth amendment to control the voting system. However, in…

    • 954 Words
    • 4 Pages
    Good Essays
  • Good Essays

    The question has come up many times regarding drug testing in the work force. Should it be done, would it violate a person's rights? You could see it ways, yes and no. I have been drug tested many times for working at loyal care, which is a place that works with the elderly, helping with everyday living, so that they can remain in their homes and not have to go into an assisted living facility. I never had any feelings of having my rights violated, but my feelings are not shared by many people. The feelings of violation might be one of crossing the line in their private life. I agree, but the world we live in is changing and more and more people have problems with drug abuse. If you are interested in doing a job, that requires a drug screen, you must come to realize that it is not a violation of your rights, but could be a violation of someone else's rights. It is a protection for the employer and the people that you will be working with, or working for. It is a protection of for other people. If an employer was to hire someone and that person was on drugs, they could be harming other people. Certain drugs are highly dangerous, not only to the person that takes them, but the person who is around them. Some people addicted to drugs commit horrible crimes to feed their addiction. This would be a violation of the employer, if they did not…

    • 688 Words
    • 3 Pages
    Good Essays
  • Good Essays

    One side of the argument is clearly said: Drug testing infringes and violates the rights of students. “The first large-scale national study on student drug testing found no difference in rates of drug use between schools that have drug testing programs and those that do not.” (Students’ Rights, 2005). Another side to the argument says that drug…

    • 1423 Words
    • 6 Pages
    Good Essays