What I said at #216 is that federal powers are few and defnined, and state powers numerous and indefinite. But the basic principle that a conviction of intent to do something should be based on some pretty strong evidence of such intent, is applicable at all levels.
So each DWI case should be judged individually? That some people at .08 can drive responsibly? That maybe some 20-year-olds can own handguns?
You seem to be flip-flopping here.