Somehow the founders didn't think it was a right that needed to be protected, thank God." Wrong. Tobacco was a export crop and its money, even then, was very much needed. So in as much as they thought about it, it would have been positive. Tobacco leaves decorate many state seals, and capitals. I doubt they gave any political/philosophic thought to tobacco smoking as a right, not that it is, or should be, and enumerated right.
All this aside, you didnt answer any of the real instances I listed of todays government and its agents increasing the states power over the individual under the guise, real or imagined, of public heath, safety, and the environment. But I doubted that you would, or could.
Tell VRWC_minion that HITLER was the only one that banned smoking back in 1938! Then KLINTOON in 1998.
Hmmmm, been reading that revisionist history again I see. The Founders didn't believe private property rights and individual liberties would ever be thrown away by the wimps and nannies. Your timing is off a couple hundred years in either direction.