That all goes along with what I said. If you make it a part of the Constitution then it is, indeed, a federal question. Until that point it is not the proper concern of the federal courts.
If you would federalize everything you think is wrong then you might as well get rid of those pesky state governments altogether and turn it all over to the Nine Man Oligarchy.
If you make it a part of the Constitution, there is no question and the 9 men (or 7 men and 2 women) in black robes don't get a say.