You're arguing against a position I didn't take.
My point is that if you do the Constitutional gymnastics that are required to make smoking pot a constitutional right, then you have also ushered in polygamy, incest, and all other vice as a Constitutional right outside of the due process restrictions of the people.
This might be OK with you, but its a sure fire way to ensure that legalization will never happen.
Amusingly historically backwards point. Smoking pot [or any substance] was prohibited through constitutional gymnastics. There is no power to prohibit delegated in the Constitution, as was made evident by the 18th.
then you have also ushered in polygamy, incest, and all other vice as a Constitutional right outside of the due process restrictions of the people.
Public aspects of "vices" can be reasonably regulated by using State/local police powers, as long as due process is not violated.
-- Harlan said it best:
"-- The full scope of the liberty guaranteed by the Due Process Clause `cannot be found in or limited by the precise terms of the specific guarantees elsewhere provided in the Constitution.
This `liberty´ is not a series of isolated points pricked out in terms of the taking of property; the freedom of speech, press, and religion; the right to keep and bear arms; the freedom from unreasonable searches and seizures; and so on.
It is a rational continuum which, broadly speaking, includes a freedom from all substantial arbitrary impositions and purposeless restraints, . . . --"