[21stCenturion]

Several questions come to mind ...

Why hasn’t SCOTUS already asserted Article III, Section II ‘original jurisdiction’ long before now, in the face of 2/3 of the States aggressively filing suit against Obamacare ?

Is this because SCOTUS views this conflict as more of a ‘political’ issue between factions within the Congress and the White House, rather than a fundamental ‘original intent’ issue ?

Contrarily, SCOTUS has a well-established tendency to NOT assert jurisdiction prematurely over a case winding it’s way up from a lower court, preferring to allow for an accumulation of thoughts and preliminary rulings as the issue ‘matures’. What say you ?

WRT Article I, Section VIII enumerated powers and the 10th Amendment reservation of powers to the States: what forum do you propose is appropriate for ‘the States’ to make an assertion pre-empting an Act of Congress ? Twitter ? The LSM ? CNN ?

It would appear that a successful ‘Federal case’, well developed and argued until finally upheld by the SCOTUS, is required to make such an assertion usefully binding on the Congress or some regulatory agency such as the EPA. What say you ?

One man’s opinion.

21stCenturion

[Defend Liberty]

Why hasn’t SCOTUS already asserted Article III, Section II ‘original jurisdiction’ long before now, in the face of 2/3 of the States aggressively filing suit against Obamacare ?

Good question! We've seen in the past how the three branches of government have, over the decades, run rough shod over the Constitution. The fact remains the Constitution clearly states SCOTUS is to be the first court to hear certain types of cases.

Contrarily, SCOTUS has a well-established tendency to NOT assert jurisdiction prematurely over a case winding it’s way up from a lower court, preferring to allow for an accumulation of thoughts and preliminary rulings as the issue ‘matures’. What say you ?

SCOTUS does not have any choice for cases to start at the appellate division if those cases do not involve Ambassadors, other public Ministers, consuls or states per Article III Section II.

WRT Article I, Section VIII enumerated powers and the 10th Amendment reservation of powers to the States: what forum do you propose is appropriate for ‘the States’ to make an assertion pre-empting an Act of Congress ? Twitter ? The LSM ? CNN ?

States do not need permission from one branch of the federal government to reassert their 10th Amendment rights over the other two branches. A state need only reassert its 10th Amendment rights by passing a resolution in the state legislature telling the federal government that state is not required to comply with an Unconstitutional act of Congress as regulating health care is not an enumerated power granted to Congress in Article 1 Section 8.

It would appear that a successful ‘Federal case’, well developed and argued until finally upheld by the SCOTUS, is required to make such an assertion usefully binding on the Congress or some regulatory agency such as the EPA. What say you ?

What if SCOTUS were to rule Obamacare is Constitutional? Do the states abide by the ruling thereby permanently relinquishing their 10th Amendment rights to the judicial branch of government and consequently erroneously accepting SCOTUS is the final authority on the Constitution or do the states finally recognize they and the people are the final authority by reasserting their 10th Amendment rights despite the ruling? If the latter, then why not reassert their 10th Amendment rights now?