Lincoln made the states the bitch of the Feds. States rights died the day the Army of Northern Virginia surrendered.
Why hasn’t anyone taken it to the Supreme Court and asked for a ruling? For the same reason you cant talk your armed robber into not robbing you. Think any supreme court will reduce the power of fedzilla? The people sensibly took the route of states rights to challenge marijuana laws and they have done so well.
No, it wasn’t Lincoln who destroyed the states. It was FDR who did that. States were still extremely independent until then. Police chases ended at state lines. Bank robbery was a state crime. FDR changed it all. He required the National Guard to come under US Army control. He twisted the commerce clause to make everything a federal power. Incidentally it was made illegal in 1937 by FDR.
Sure are a lot of new dealer FDR fans here on FR!