What a dumb argument. Burglary is illegal, but the WOB is a dismal failure - legalize it. Robbery is illegal, but the WOR is a dismal failure - legalize it. Murder is illegal, but the WOM is a dismal failure - legalize it. Rape is illegal, but the WORape is a dismal failure - legalize it. After all, the only things these laws do is oppresse us. Next argument from you is that drug use does not injure anyone - try working in public schools and seeing first hand the damage that drug use does not cause our children. Stop being stupid.
Every example you post is a crime against someone else.
Your turn.
Do you think the Constitution authorizes fedgov to fight a national war on rape, murder, and burglary?