Scenario A,
I look forward to the day (at 57 years old I may not last that long) when the Supreme Court strikes down a law because it is un-Declarational; i.e.: striking down any law which destroys our unalienable rights to life, liberty and private property / pursuit of happiness – a needed form of judicial review. The 3/5 clause of Article I, Section 2 was overturned by the Civil War (400,000 casualties plus 600,000 deaths) followed by the thirteenth and fourteenth amendments; wouldn’t it be better for the Supreme Court to nip un-Declarational laws in the bud? I can envision the day when Congress becomes a great defender of the Constitution and Bill of Rights through 2/3 override, while the Supreme Court additionally defends the Declaration, thereby providing just counterbalance against Congress.

“Law is often but the tyrant’s will, and always so when it violates the right of an individual.” Thomas Jefferson