10th Amendment. Just because the Federal Government can't do it doesn't mean state governments can't either. In fact, quite the opposite.No where in the Constitution is the government given the authority to dictate what people are allowed to ingest. Pretty simple.
Um, did you read the whole thing? The first part says that the ENUMERATION OF RIGHTS IN THE CONSTITUTION won't be used to do just that. In other words, just because rights are in the Constitution, doesn't mean people can't have other rights NOT PROTECTED BY THE CONSTITUTION. Note how it says "retained by the people". In the 10th Amendment, "the people" is listed as an entity separate from the Constitution; obviously it would be the same case in the 9th Amendment.No, the Ninth Amendment was created so people wouldn't try to "disparage or deny other rights retained by the people." AKA unenumerated rights.
Is that really not clear to you? Constitutional rights are protected by the Constitution. Non-Constitutional rights are "retained by the people"- they might be listed in a state constitution, or state laws, or otherwise, but they are NOT protected by the Constitution.I'm sorry, could you explain the difference between a Constitutional right and a non-Constitutional right?
So tell that to your state legislators. But don't try to use the FEDERAL GOVERNMENT to push a non-Federal issue."Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law,' because law is often but the tyrant's will, and always so when it violates the right of an individual." --Thomas Jefferson to Isaac H. Tiffany, 1819.
Jefferson on Politics & Government: Inalienable Rights