A WELCOME BOW TO FEDERALIST PRINCIPLES

Appeals Court Says The State Constitution Has Final Say On Drug Policy.

For those who care only about real-world effects, there will be much to
argue about in the Indiana Court of Appeals ruling this week that schools
cannot require students to submit to random drug tests as a condition for
driving to school, playing sports or joining a club. Instead, they must
rely on probable cause.

For those trying to do everything they can to stop illegal drug use -- such
as school boards and administrators -- the ruling will be a setback. "(The
policy) was not intended to be punitive. We certainly thought it was an
effective deterrent, and it gave students a reason to say no," said
Superintendent Robert Herrold of Hamilton County's Southeastern Schools.
And certainly the possibility of being randomly tested will keep some
students from using drugs.

But to those who fight for "the rights of students" -- such as the Indiana
Civil Liberties Union -- the decision is a clear victory. Such tests
violate the Fourth Amendment's protection against unreasonable search and
seizure, the ICLU has long argued. And though students are not in a legal
sense citizens in microcosm -- they are in a structured learning
environment, after all -- there is something to be said for not sending an
anti-"innocent until proven guilty" message to students.

What should be beyond dispute -- because it does matter even if it has no
immediate real-world implications -- is the appeals court's reliance on
federalism in its decision. Though random drug testing has been upheld by
federal courts and the U.S. Supreme Court, the Hoosier justices ruled, that
doesn't matter in Indiana. That's because the state's constitution provides
greater protections against invasions of privacy than the federal
government does, they ruled.

An appropriate ruling. School districts across the state are at least
temporarily halting any random drug testing while everybody prepares for
the anticipated appeal to the Indiana Supreme Court. That's appropriate, too.

However the issue is resolved, it is refreshing to see the whole
controversy thrashed out at the state level. In an era when federal
dictates seem to trump every other initiative, that is indeed most welcome.