@High Seas,
High Seas wrote:But in a different domain - "illegal drugs" - the federal government has already told the states it will not interfere with enforcement, or lack thereof, by the states themselves.
As you say, that's in a different domain. Some differences between the two domains have consequences under the US constitution. Specifically---
- To the extent that illegal drugs are produced and traded within a state, it falls within its police power to curb their production, distribution, and consumption.
- On the other hand, suppressing the commerce in illegal drugs across state and international borders is a federal power under the commerce clause. So to the extent that the Feds delegate enforcement to the state, that's a federal policy, not a state right.
- Therefore, where illegal drugs are concerned, there is a gray area where a genuine state right clashes with a genuine federal power.
In this sense, illegal drugs are very different from illegal immigrants, which
always come from outside the state, and
always fall under the federal government's jurisdiction.