Mark:
Federalism has met problems before and had to deal with them. The original framers could not cross every i nor dot every t nor foresee how things would develop in the future. It created problems between states over slavery, the rights of states to secede from the union (ok in principle but if they do in fact secede we will fight a bloody civil war), the rights if states to discriminate against their own citizens etc.
They could not foresee how some provisions they made would be abused - the right to bear arms, the separation of church and state etc. Not could they foresee that a time would come when people who had always been there in the population would have aspirations to equal treatment in the area of marriage. That is one reason why the Supreme Court is there - to interpret the Law where there are no specific provisions one way or the other as to whether they can be applied under other provisions or not.
As society evolves new things have to be taken into consideration, new tensions and conflicts resolved, areas of doubt and disagreement highlighted.
Such experiences are not unique to the USA but the system by how this is done varies from country to country. There are additional tensions and problems that a federal system creates and all legislation has to be tested to see if it is in fact watertight or a dogs breakfast with flaws.
Maybe that is why so many politicians are lawyers! :D-->
Trefor Heywood
"Cymru Am Byth!"