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Tex, what makes a right "protected?" Is it the mention in the BoR? Are those the SOLE rights protected? Seems to me the Ninth Amendment is still there, never having been repealed. Now, if a Sovereign State wants to prohibit PUBLIC USE of a substance because it can make you do crazy things when you are intoxicated with it, I can see that. Public intoxication, by whatever substance, can be regulated and controlled. Consumption of an intoxicant on PRIVATE PROPERTY may not be so controlled (except as to the age of the consumer...). The Ninth Amendment refers to rights not to be disparaged just because they are not mentioned by name. This obviously is where we derive the right to our coffee, Big Macs, Internet Speech and self-medication. Of course, it confers NO RIGHT or PROTECTS no right to violate the rights of others (the usual cry of the lunatic fringe when drug re-legalization comes up about repealing the laws against rape and murder)....

The Ninth Amendment refers to rights not to be disparaged just because they are not mentioned by name. This obviously is where we derive the right to our coffee, Big Macs, Internet Speech and self-medication.

Indeed. However, where do we decide how far those right's extend? Sure, it's easy to say, "That which does not violate the rights of another.", but that is a paradoxical statement. To illustrate this, it would be similar to me answering the question "Who all is a female?", with the statement, "Whoever isn't a male." Well, it's not that simple. There are hermaphrodites, "gender benders", sex changes, ect. It is not cut and dry. There must be a precise definition if you want a precise answer.

I believe our founders knew this and gave us the 9th amendment.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

In this, it tells us "others retained by the people." Now. Where do we look to define what those "others" are? I believe the founders set up states for this purpose. You see, many things that the founders supported prohibiting in their own states, could be construed as rights by others (witchcraft, sodomy, ect). So, in order to enjoy those rights, not specifically identified in the BoR, one must live in a state with others that share the same view on whatever it is they see as a right; be it drugs, sodomy, prostitution, incest, and what have you.