Do you EVER argue in anything less than ‘absolutes’ ?
In your commentary here, you don’t seem to be responding to what others are saying as much as reiterating your own points.
F’rinstance, I asked WHY SCOTUS hasn’t asserted its ‘original jurisdiction’, NOT whether it had such jurisdiction. By its restraint here, SCOTUS appears to be satisfied to provide appellate jurisdiction if and when this case ‘arrives’.
In fact, SCOTUS has appellate jurisdiction over ALL judicial matters with original jurisdiction over SOME. I can’t find any information to suggest that SCOTUS MUST be the ONLY trier of fact in such a case, which appears to be the substance of your argument.
F’rinstance, you say “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.” What is your authority for this ?
As I understand it, SCOTUS has absolute authority to CHOOSE to accept or reject ANY case brought before it and need not explain why in either instance.
F’rinstance, you say “ ... A state need only reassert its 10th Amendment rights by passing a resolution in the state legislature ...”. You seem to expect the entire Federal ‘apparatus’ — Executive, Legislative and Judicial — to simply roll over limp and helpless in the face of such an assault.
Whatever possessed Mr. Lincoln to oppose the Confederate States when faced by a similar ‘power play’ ? Had he never read his Constitution and discovered how powerless he truly was in the face of such ‘a resolution’ ?
I tried to follow your final paragraph but must confess I became somewhat lost. Essentially, you seem to —
reject the power of the SCOTUS to define ‘constitutional’;
reject the power of the Congress to re-define its own Acts by future Acts;
and finish by asserting that ONLY the States define the scope, intent and application of the 10th Amendment and that such a determination is immune to review by ANY ‘lesser Authority’.
On that note, I will resort to quoting the immortal Jerry Lee — ‘Baby, you leave me Breathlessssssss !’
Unlike Imam Hussein, I am no ‘Constitutional Law’ scholar, but I DID stay in a Holiday Inn Express recently and I DO have a copy of the Constitution in residence in my computer which I review from time to time.
One man’s opinion.
21stCenturion