The first point I wish to discuss is whether the commerce clause can be stretched to allow the Federal government to control how a drug is used. The second point I would like to discuss is your unique, as far as I can tell, interpretation of the Fifth Amendment as giving the Federal Government authority to create and enforce laws against murder.
It sounds like you might agree with me on the commerce clause. It was originally intended to prevent the States form setting up trade barriers amongst themselves or for a State such as New York form stopping or taxing all goods shipped by land from the Northern States to the Southern States. After the goods arrived in the State where they are to be used they are no longer of concern to the Federal Government under its commerce clause authority. If I am correct that is not a position that you will argue but feel free if your understanding is different.
... the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offenses against the law of nations, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,"This is the part of Jefferson Quote I found relevant but included the rest to give a little context. Jefferson spells out the crimes explicitly mentioned in the Constitution and indicates that they are the only crimes over which the Federal Government has authority.
Article I Section 8Since Article One Section Eight prescribes all of the Federal authority to create criminal law and the limits there of. All Federal Crimes are specifically enumerated and the power to pass legislation making certain acts committed on Federally owned or in the Case of the Capital City controlled property is also given
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow money on the credit of the United States; To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes; To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States; To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures; To provide for the Punishment of counterfeiting the Securities and current Coin of the United States; To establish Post Offices and Post Roads; To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries; To constitute Tribunals inferior to the supreme Court; To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations; To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval Forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress; To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Fifth AmendmentIt seems to me that the fifth specifically and in each circumstances deals with Government power over all persons residing or Subject to US Jurisdiction. Why is the one section dealing with life, liberty or property different? Article One Section Eight already gives the Federal Government Authority to deal with crime on Federal property so the Fifth is not needed to accomplish that goal.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.