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Mandatory testing Civil Rights – Constitution of the United States, Article IV (of the original Bill of Rights) and Article XIV (State law versus Federal.

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Presentation on theme: "Mandatory testing Civil Rights – Constitution of the United States, Article IV (of the original Bill of Rights) and Article XIV (State law versus Federal."— Presentation transcript:

1 Mandatory testing Civil Rights – Constitution of the United States, Article IV (of the original Bill of Rights) and Article XIV (State law versus Federal Law)

2 Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

3 The University Is an arm of the state. Is under rule of federal law.
The assumption of guilt….probable cause. If one is an athlete, then there is probable cause that one is using.

4 Amendment XIV Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protections of the laws.

5 States Versus Nation Ratified July 9, 1868… no state’s laws or rules overshadow the law of the land.

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8 Drug Testing: The Pros and Cons…
Drug testing…..Who does it and why… Does it work? Problems and dilemmas…

9 Arguments for and Against Use:
Paternalism Coercion Informed Consent and Role Models Pursuit of Excellence Enforced Testing

10 HERMAPHRODITE http://users.southeast.net/~help/sexdiff.html
The problem of Stella Walsh The problem of chromosomes Why the ruling exists – and how the texts are done. The issue of questioning and degration


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