MMM. I'm not going to respond in snippets anymore, it's too long now. Let me just see if I can rephrase your argument exactly as I understand it, and demonstrate to you how silly it is. Instead of legalese, we will use scientific terms that I'm sure you understand.
Mueller, because of his patriotic interpretation of the constitution, has the legal ability to investigate the physical properties of any substance and declare it either solid...or not a solid.
So Mueller looks at some ice. He sees that it has firm surfaces, holds its shape, resists penetration, etc. So he reports that it's solid.
then he looks at some water and sees that it doesn't have a firm surface, and it takes the shape of it's container, so he says it's not solid.
Then he looks at some steam. And for whatever reason he can't collect it, he can't look at it under a microscope, he can't determine if the vapor in the air is tiny solid particles like dust or if it's actually a vapor. So reports no finding on steam.
By your logic, that means that steam is not not solid.
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