Legal Question in Constitutional Law in California

You have at least one vote for your position, that of Justice Clarence Thomas, on the Supreme Court. Unfortunately you need five Justices. But the Supreme Court is considering a Tenth Amendment case this term. Stay tuned.

That's not what the Tenth Amendment says. It actually says �The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.�

One of the powers delegated to the United States is the power to regulate interstate commerce. The courts have interpreted that power very broadly, though it has been narrowed somewhat in recent years. For now, at least, the commerce clause allows the federal government to regulate both drugs and agriculture. It can criminalize marijuana under either of these bases, and probably others as well.