DRUG POLICY DISCRIMINATES AGAINST CERTAIN STUDENTS

In an editorial posted on March 30 entitled "Groups sue for financial
aid for drug offenders," the Exponent claimed that the American Civil
Liberties Union and Students for Sensible Drug Policy are wrong to
challenge the constitutionality of the Higher Education Act. One
provision of the Higher Education Act denies financial aid to college
students convicted of a drug offense. As the president of the Purdue
ACLU, I must point out that the empty conclusions by the Exponent were
not supported by the law or the U.S. Constitution.

The ACLU and Students for Sensible Drug Policy lawsuit maintains that
the Higher Education Act violates the double jeopardy clause of the
Fifth Amendment which reads, "nor shall any person be subject for the
same offense to be twice put in jeopardy of life or limb." This
protects citizens not only from being tried twice for the same
offense, but also from being punished twice for the same offense.
Eliminating a student from eligibility for financial aid because of a
drug conviction for which they were already punished violates this
protection.

The ACLU and Students for Sensible Drug Policy lawsuit also maintains
that the Higher Education Act violates the equal protection clause of
the Fifth Amendment which states, "nor shall any person be deprived of
life, liberty, or property, without due process of law." This protects
against laws that discriminate against groups of people. The Higher
Education Act classifies convicted drug offenders as ineligible for
financial aid, violating this protection.

The ACLU's mission is to protect our rights. One way to accomplish
this is to challenge legislation that erodes these rights. We can
debate whether convicted drug offenders deserve financial aid, as the
Exponent suggests, but this would miss the point. The Higher Education
Act threatens rights guaranteed by the Constitution, and I applaud the
challenge to this provision of the Higher Education Act by ACLU and
Students for Sensible Drug Policy.

Marilyn Morrison

Junior, College of Science