"Obviously"? If its only apparent to you and a few others, its not obvious is it?
You've concurred that not every action is a right, so list your criteria for an unenumerated right, and back that up with the Constitution please.
What would you allow the people to decide using their better judgement?
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The Ninth Amendment does not state that every action that is not mentioned in the Constitution is a de facto right.
Never said it did. But obviously, smoking any substance is, just as drinking or eating any substance is.
"Obviously"? If its only apparent to you and a few others, its not obvious is it?
You claim fed/state/local gov't have a delegated constitutional power to decree what we can drink, eat or smoke. -- I say it's obvious they don't.
You've concurred that not every action is a right, so list your criteria for an unenumerated right, and back that up with the Constitution please.
"Life, liberty or property" are mentioned twice in the Constitution as covering our basic rights enumerated or not.
The Tenth Amendment clearly states that the people of the states are reserved the power to enact laws which they see fit, provided that those laws do not transgress those rights enumerated [or not, as per the 9th] in the Constitution.
Agreed.
Where is smoking anything enumerated?
The 9th clearly says rights do not need to be enumerated. Enumeration "-- shall not be construed to deny or disparage others retained by the people. --"
Your reading of the Ninth Amendment is just simply wrong.
You so decree? Amusing.
Saying that those things that are not mentioned cannot be presumed to be prohibited, is a far cry from saying that everything that isn't enumerated as a right is also a right.
"Life, liberty or property" covers a ~lot~ of individual rights.
If it said what you'd like it to say, only Treason would be a crime.
Another of your 'decrees'. - Feel free to dream on.
"You've concurred that not every action is a right, so list your criteria for an unenumerated right, and back that up with the Constitution please."
A RIGHT is anything you, as an individual, can do BY YOURSELF or with likeminded others who are capable of giving voluntary consent to whatever it is you are doing, with outside individuals having only the responsibility to leave you alone to exercise that right or perform that activity. Rights do not include activities which would require the INVOLUNTARY participation of others (such as rape or incest/child molestation or welfare or "free" medical care or similar things).
Premier among rights is the right to ownership of your own life, the right to own and control your life, your body and your justly-acquired property.
Society MAY hold that certain activities are not appropriate IN PUBLIC, and government may enforce that. However, what you do in private, consistent with what I stated earlier, is your own business, period.
I hold that the language of the Ninth and Tenth Amendments is sufficient to prove my thesis here.