Only if you support laws based on Wickard as being in pursuance of the Constitution.
If illegal drug use is fedgov business, then so is every program based on the expansive Commerce Clause => health care, education, the environment and just about every aspect of our daily lives.
So do you think all that is within the scope of the feds?
Ken H,
The Constitution and its “intents” are the job of the supreme court to determine. In other words, this is why they get the big bucks.
All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. They retain plenary power to make laws covering anything not preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, state supreme courts are the final interpreters of state constitutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition. State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system as to the majority of types of law traditionally under state control, but must be regarded as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on. But the final determination of law is left in the hands of the supreme court, a federal institution.
red