[bscphil]

I'd argue that this is one of those rulings that any sane person would think is in error; it's effectively the result of "modernization" of our government through the court system. Federalism is (for better or for worse) just not the way any modern democracy is run. We've stepped quite cleanly away from localization of powers to join other modern countries, and stepped away from strict construction of constitutional provisions in the process. Is this a problem? Maybe.