You keep saying "in theory". If the practice -- as you seem to admit -- doesn't actually work, then what's the point defending the theory? It doesn't work in practice, so it's a bad idea.

> Arbitrary or not, States are sovereign things.

In practice that's not really true. The federal government has many, many levers it can use to get states to fall in line.

>The federal government has many, many levers it can use to get states to fall in line.

This is a separate problem that should be fixed.