Yea your theory is interesting. My theory is more about power and that there is no inherent logic to the Constitution, that is like most other artifacts in our world are just social construct. And despite what you seem to be asserting the ninth amendment, I assume preventing the CSA, it seems Gonzalez v Raich and other events go against the realization of your theory currently.

As the Thomas theorem asserts, things are real in their consequences. So it seems a lot of the CSA stands. It will be interesting how Adam's discussion of a 1st amendment defense is, the ninth amendment also is interesting.

I think Rawl's discussion of the needs for basic formal equality as a thing all would agree to in the thought experiment of the original position would support Mr. Kokesh's assertion of the fundamental illegitimacy of the war on drugs especially as it currently occurs.