Both regulated industries and conservative constitutionalists have too much at stake to let this go on. The feds' power is plenary, meaning that Congress can satisfy demands for regulatory services in any arena, on any issue. Real Federalism , in contrast, begins and ends with the constitutional premise of enumerated powers. But the experimentation with all the stuff that's beyond the purview of Congress will take place under competitive constraints. States that regulate unreasonably will at the margin repel investors.
Faux federalism can be a step towards the real thing.
That is a first step towards sanity. But that inference is in fact highly questionable. Real federalism , on the other hand, cannot be promoted wholesale, generically, and as a general proposition in the legislative arena. One, there are no votes for any challenge to the premise of congressional omnipotence. In each case, successful experiments pave the way.