[claystu]

Congress is limited to what it can legislate with the remainder defaulting back into the jurisdiction of the states as part of the Federalism system of checks and balances.

Check out Article 1 Section 8 of the United States Constitution, which enumerates the primary law-making jurisdictions of Congress.

[wrycoder]

If Congress manages to pass a compromise, then SCOTUS can rule on its constitutionality. (But, I agree with you.)