The use of certain drugs by the athlete for improving their performance has been a hot issue for the world of sports since many years. In order to increase their physical and mental endurance athletes often use artificial stimulants which can affect the name and fame of the athlete when traced during the test. For this reason the testing of drug consumption has been made mandatory for all types of sports at all levels through the enhanced sports performance laws designed by the government through a constitutional amendment. It has become a constitutional issue because it affects the right of privacy of the users and the protection required for the searches and seizures of the illegally retained and consumed drugs by analysing the blood or urine of the consumer.
Athletes usually consume or inject the substance of performance enhancing drugs to increase the ability of their body to perform better than their opponents during sports training as well as tournaments. Some of these drugs are commonly available as over-the-counter recovery products, endurance enhancing, muscle building and blood doping drugs which can either be consumed through injection or orally.
The governmental entities like public schools and colleges or government can use enhanced sports performance laws to test their student athletes for the consumption of drugs but earlier this laws was not mandatory for private sports leagues. So, for this reason government has made fourth, fifth and fourteenth amendment in these laws but still these laws can be used for the athletes of private leagues only unless the use of drugs has been established through testing.
The Anabolic Steroid Control Act of 1990 is among the federal enhanced sports performance laws that can be used to regulate the distribution and regulation of these drugs. These drugs include synthetic and artificial hormones including testosterone to help in improving the growth, repair and building damaged muscles of the athletes. By testing the blood or urine of the athletes the state government can invade their privacy so for this reason the athletes can also use these laws to safeguard their privacy by challenging these tests on the constitutional grounds.
Recently the courts have made the use of enhanced sports performance laws mandatory for testing the use of drugs without any suspicion due to the failure of many challenges to such policy. Still this policy is not mandatory for private organizations as they have their own testing policies that can be used as a condition for participation in certain league match or tournament.
Certain constitutional amendments have been made in the enhanced sports performance laws by the state government from time to time to make them more useful according to the prevailing conditions. Some of these amendments include:
Fourth amendment that provides protection of persons, houses and papers from unreasonable searches and seizures unless supported by affirmation or oath to be searched at a particular place.
Fifth Amendment that protects life, property and liberty of every person from public use without any compensation unless required by due process of law.