The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The Ninth Amendment does not state that every action that is not mentioned in the Constitution is a de facto right.
Never said it did. But obviously, smoking any substance is, just as drinking or eating any substance is.
"Obviously"? If its only apparent to you and a few others, its not obvious is it?
You claim fed/state/local gov't have a delegated constitutional power to decree what we can drink, eat or smoke. -- I say it's obvious they don't.
You've concurred that not every action is a right, so list your criteria for an unenumerated right, and back that up with the Constitution please.
"Life, liberty or property" are mentioned twice in the Constitution as covering our basic rights enumerated or not.
The Tenth Amendment clearly states that the people of the states are reserved the power to enact laws which they see fit, provided that those laws do not transgress those rights enumerated [or not, as per the 9th] in the Constitution.
Agreed.
Where is smoking anything enumerated?
The 9th clearly says rights do not need to be enumerated. Enumeration "-- shall not be construed to deny or disparage others retained by the people. --"
Your reading of the Ninth Amendment is just simply wrong.
You so decree? Amusing.
Saying that those things that are not mentioned cannot be presumed to be prohibited, is a far cry from saying that everything that isn't enumerated as a right is also a right.
"Life, liberty or property" covers a ~lot~ of individual rights.
If it said what you'd like it to say, only Treason would be a crime.
Another of your 'decrees'. - Feel free to dream on.
Life, liberty, and property are not absolute, but rather have their infringement contingent on due process, in stark contrast with the previous practice of governments to take all three without due process.
Your assertion is that the majority has no business in getting involved in that due process. Your alternative of a judicial dictatorship is most frightening to me.
In reply to your misreading the Ninth Amendment:
You so decree? Amusing.
The framers and ratifiers passed laws showing that they agreed with my, not your reading. The history of the United States over the last 230 years shows that the country has always agreed with my reading, not yours. As evidenced by current law my reading persists in being the accepted one. If you were to put forth a proposed amendment clearly stating your position, there is no time during our history, including today, when it would have passed. Are you still amused? Being in the majority doesn't make me right, but it makes your assertion that I'm making a decree laughable.
You've created this Dungeons and Dragons world, where its you and your reading of the Constitution against all comers, and you can't possibly be wrong, because you're just being persecuted by the masses.
IMHO your desire to stretch the Constitution to protect such things as smoking pot only serves to weaken our Republic. Not because pot smoking will weaken the Republic, but because trivializing the Constitution and our rights does.