The wrong but prevailing view of the 14th amendment is that this amendment makes “federal” law trump any state law.
So, while the 14th amendment clearly had nothing to do with marijuana, abortion or in fact anything other than slavery…we have been told so often that we believe it that whatever happens in D.C. is law everywhere.
The effect of this is that states can’t allow what the feds won’t allow, and that states can’t ban what the feds do permit.
But if you accept that view, then, as the Constitution for the U.S.A. is now written, citizens have more power, not fewer rights, than under a truly federal government, under which states could legally take some rights and powers away that the federal power could not.
Well, between the 9th and 10th amendments of our constitution you’ll see that citizens have ALL rights and powers not specifically taken away from them by state and federal constitutions.
And if you read those constitutions carefully, you will find only three federal crimes: counterfeiting, piracy and treason.
So, technically, our federal prisons are filled with political prisoners, not criminals.
The federal government has never been granted the power to so much as write you a speeding ticket. So, how can states take liberties granted to you (9th and 10th amendments) by a supposedly higher power?