Looking at the Constitution, specifically the Preamble;
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
Questions regarding this:
1. "...common defence...": Against what? While we assume that it is defence against enemies of the people (i.e., foreign nations,) could it not also be extended to defence of the people against any threat, specifically, a health threat? While all food will harm you in excess, in moderate amounts it is healthy. Aside from some studies indicating it helping with certain mental illnesses, what is moderate amount of smoking, and what is the health benefit vs. the threat?
2. "...promote the general Welfare...": Welfare as in well-being? Taking care of our nation's people? Again, what does smoking do for well-being of the people, both who do smoke or who don't? Does it mean we take care of people, even despite the fact that the plant did fund and found the country, when we found out it was harmful in the amount that most people consume?
Depending on whether you take a broad interpretation (at the time of writing of the Constitution, a Federalist (e.g. Washington,) point of view,) versus a narrow interpretation (at the time of writing, a Democratic-Republican (e.g. Jefferson,) point of view,) the Constitutionality seems to vary from well within the power of the federal government, to highly dubious. If memory serves, if the narrow interpretation of the Constitution was followed, Jefferson, a Democratic-Republican, would have never been able to make the Louisiana Purchase, because buying land from a foreign power was not in the Constitution specifically, but the implied powers were *if* you take a broader interpretation of it. All this seems to happen before the Bill of Rights or the Amendments.
Now, I am not up to Constitutional Law and precedents of previous rulings, granted. I am not up on rulings of the Courts in either direction. And I don't know when to say when about the upper limits of restriction on this issue, and where it can or will end. However, it seems we jumped from point A to point O or P somewhere, like starting surgery by closing the skin before getting to the ruptured aorta that is killing the patient. Seeing precedents and interpretations by the Supreme Court on the topic is something I would like to be pointed to. I started from the beginning of the Constitution, as it seems to be the place where they are getting the justification. What do cases before the Supreme Court have to say about the law in question vs. Constitution violation, especially given the start of the Constitution itself? Is the whole Preamble just a statement of why, or goals to accomplish, or justification of action, or nothing of consequence?