The Declaration of independence:
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.
The declaration clearly states that these natural rights belong to every human being upon birth, they are not granted by the government and can not be taken away.
9th Amendment to the US Constitution:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
While the constitution may list certain rights that we all have, it is not a complete list. That does not mean that other rights do not exist or that the government may infringe upon them. The 9th amendment states that rights not listed must still be protected. Those include those defined in the Declaration of Independence, the right to life, liberty and the pursuit of happiness. If smoking weed makes you happy, that is your right, so long as you are not infringing on the rights of others.
The author of the 9th amendment, James Madison, also intended this amendment to illustrate that rights are not given by government. While the US constitution lists out certain rights, those rights are not granted by the bill of rights, they are only explicitly recognized.
Marbury v Madison:
An act of the legislature repugnant to the constitution is voidRead the full case opinion.
This case ruling, with absolute certainty, states that any law in contradiction to or without any allowance by the Constitution of the United States, is not law. It does not need to be overturned, stricken from “the books”, repealed, or otherwise disposed. It is not enforceable as law. The courts still make their own determination as to whether the law contradicts the constitution.
Finally, someone said it!