If states can use the 10th Amendment to overturn federal law for marijuana, then they can do it for abortion and homosexual marriage.
http://www.oann.com/marijuana-gathering-bipartisan-support-in-upcoming-elections/
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Was there a Supreme Court decision that I missed with specific 10th Amendment ruling where states prevailed in nullifying federal marijuana restrictions & criminalization? Also, the logic path seems to be broken on this in that you’re essentially stating, “If states can invoke the 10th amendment to nullify a federal ban on individual’s use of marijuana, then states can also use the same argument to enforce state bans on abortions and homo marriage.”
Once rights are established for individuals and gay couples, it’s quite a stretch to think that states can smash these with the 10th amendment. It’s rare (if ever) that a constitutional argument can be used to empower state government to take away individual’s / couple’s rights that have already been granted.
The Idaho State Constitution, and other states’ constitutions, made homosexual marriage and abortion illegal. The States’ laws were in effect before the SCOTUS ruled otherwise. And there’s 5000+ years of historical precedent as well.
And the 10th Amendment was in place before there ever was any SCOTUS decision about abortion or homosexual marriage.
So, yes, the State of Idaho can give the federal government the finger when it comes to making up unconstitutional laws and applying them to the states.
But the state of Washington shouldn’t be constitutionally allowed through the 10th Amendment to force florists to sell flowers to gay couples? and Arizona (and Oregon) shouldn’t be constitutionally allowed through the 10th Amendment to force bakers to sell their cakes to gay couples? Conservatives freak out about the government telling a baker who sells cakes for straight weddings to also provide cakes for gay weddings and yet champion the government to force women to provide their bodies (and costs) of carrying an unwanted (by them) pregnancy for many months.