The hole point of the Constitution is define the fed an limit its power. If it was interpreted the way you are trying to make it out then all laws congress makes would be constitutional an the supreme court would not have spent all these years striking down unconstitutional laws..
Besides if all they legally had to do to ban something was have congress pass a law then why did they go threw all the trouble to have the states ratify a amendment to the Constitution when they wanted to ban booze?
I mostly agree with this. Not only did the Constitution limit the power of the Federal government, it gave the Federal government certain powers.
I find the Constitution a remarkable document. Our Founding Fathers tried a pure States Rights form of government, the Articles of Confederation. It took them a remarkably short time to realize and agree that a pure States Rights form of government was hopeless. It simple did not work. So they wrote the Constitution to give the Federal government a lot more power. To me, how quickly the Constitution was ratified shows how thoroughly the Articles of Confederation, a strong States Rights government, failed.
But the Constitution does not give the Federal government unlimited powers. It gave certain powers to the Federal government and gave all others to the individual States. The Constitution is the supreme law of the land, not the laws Congress passes and the President signs. The Constitution set up the Judicial branch to interpret the laws passed by the Legislative branch and agreed to by the Executive branch and to make sure they conform to the requirements of the Constitution. A balance of powers.
The members of the Supreme Court, nominated by the President and confirmed by the Senate, are supposed to determine whether the laws passed conform to the Constitution, but the Justices are human beings. There personal philosophies and person opinions influence how they interpret some of those articles in the Constitution. That’s why a unanimous decision from the Supreme Court is fairly rare. They should all be highly trained in Law and know the fine points. I’ll admit I don’t see where they get some of their interpretations, but I’m not trained in Law.
In general, what happens in a State is not the Federal governments business unless the Constitution gives authority (as determined by the Supreme Court) to the Federal Government. One exception seems to be that if Federal tax money is taken inside a state, then the Federal government has an interest in how it is spent. An example is where some colleges and universities accept Federal money and get sued because of Federal discrimination laws. If they don’t take Federal money, then that is a State issue, not Federal.
That’s why the Federal Government needed a Constitutional Amendment for Prohibition. The Federal government was not granted power to control alcohol within the boundaries of the individual States in the original Constitution, though they can control alcohol when it crosses State lines. They had to have a Constitutional Amendment to give them that control and to ban it. Then it took another Constitutional Amendment to repeal Prohibition.
The Founding fathers made it very difficult to amend the Constitution. An amendment can have far reaching effects and should not be passed on a whim.
I don’t know what Constitutional Authority the Federal government is using to go after marijuana in California. I don’t use illegal drugs and don’t go out of my way to keep up with all those details. I believe if they are exceeding their Constitutional authority, the Supreme Court will eventually take care of that. But for that to happen, someone has to present to the Supreme Court a legal argument showing what Constitutional provisions are being violated and the Federal government then has to show what Constitutional articles give it the authority to do what it is doing.