The real problem with this is federal preemption. What happens at the federal level isn't just that they don't do anything good, it's that they actively do something bad or ineffective, but in so doing wade into the swamp and throw out the ability of the states to do anything better because of preemption.

Which implies that the problem is still that it's too easy to do things at the federal level. Let them actually do nothing so the states can do something.