by National Association of Criminal Defense Lawyers

About the author: The National Association of Criminal Defense Lawyers is a membership organization located in Washington, D.C.

In December 1995, President Bill Clinton announced by “Executive Order” that through his administrative agencies, all persons arrested on federal criminal charges (any and all charges) would forthwith be required to submit to drug tests as a “condition” of release from agency custody on bail. When formally directing the executive branch in the fulfillment of a particular program, the President may implement his authority through an executive order. Presidents traditionally have used these orders to implement their “most important initiatives, basing them on any combination of constitutional and statutory authority that is thought to be available,” according to Peter M. Shane and Harold H. Bruff (emphasis...