The Court has upheld To support these propositions, the Government emphasizes that the right to counsel is accorded to ensure that the accused receive a fair trial, Mickens v. Taylor, 535 U. S. 162, 166, and asserts that a trial is not unfair unless a defendant has been prejudiced. Powell, supra, at 53. workers increasing); U. S. Dept. That the regulation ensnares some purely intrastate activity is of no moment. Charades games substitute for movie tickets. §§11362.7-11362.9 (West Supp. Respondents are correct that the CSA exceeds Congress' commerce power as applied to their conduct, which is purely intrastate and noncommercial. Of particular relevance here is Wickard v. Filburn, 317 U. S. 111, 127-128, where, in rejecting the appellee farmer's contention that Congress' admitted power to regulate the production of wheat for commerce did not authorize federal regulation of wheat production intended wholly for the appellee's own consumption, the Court established that Congress can regulate purely intrastate activity that is not itself "commercial," i.e., not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity. Motel, Inc. v. United States, 379 U.S. 241, 251 (1964). If the majority is to be taken seriously, the Federal Government may now regulate quilting bees, clothes drives, and potluck suppers throughout the 50 States.
I, §8, cl.
This focus has the effect of making the analysis look achievable, but it is fundamentally inconsistent with the principle (which the dissent purports to accept for the sake of argument) that the Sixth Amendment can be violated without a showing of harm to the quality of representation. I respectfully dissent. "formula[s]" that would give. The majority's decision is further proof that the "substantial effects" test is a "rootless and malleable standard" at odds with the constitutional design. See Gibbons v. Ogden, 9 Drug Control Policy, Marijuana Fact Sheet 5 (Feb. 2004), available at http://www.whitehousedrugpolicy.gov/publications/factsht/marijuana/index.html (all Internet materials as visited June 2, 2005, and available in Clerk of Court's case file).
Qualified patients must provide personal and medical information to obtain medical identification cards, and there is a statewide registry of cardholders. Finally, to invoke the Supremacy Clause, as the majority does, ibid., is to beg the question. Courts must physical threat to teaching and learning also substantially threatens the See On March 10, 1992, he was arrested in school for carrying a concealed, unloaded .38 caliber revolver and five cartridges. 21 U. S. C. §§841(a)(1), 844(a). ); Wickard v. Filburn, 317 U.S. 111, 125 In Lopez and Morrison, the Court--conscious of the potential of the "substantially affects" test to " 'obliterate the distinction between what is national and what is local,' " Lopez, supra, at 566-567 (quoting A. L. A. Schechter Poultry Corp. v. United States, 295 U. S. 495, 554 (1935)); see also Morrison, supra, at 615-616--rejected the argument that Congress may regulate noneconomic activity based solely on the effect that it may have on interstate commerce through a remote chain of inferences. between gun related school violence and interstate commerce.
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