If it’s a State’s Rights issue, then Wickard v Filburn stands in violation of the Tenth Amendment.
Wickard v Filburn is in violation of the Constitution. As much as I despise drugs, including marijuana, I’m happy to see FedGov appealing to the 10th Amendment to adnave that pathetic cause. First, they are right - drug laws are not an enumerated power and are therefore a state issue. Second, the more we appeal to the 10th Amendment successfully, even on minor or negative issues, the easier it will be to appeal to the 10th Amendment when it matters.
Wickard was ALWAYS a violation of the tenth.
Yes and yes.