The US Supreme Court has never been one much for challenging congress. I am sure the supreme court will find some argument why this this is not unconstitutional rather than face the wrath of both branches of government. What needs to happen for the first time in history (and is well on its way) is an Article V Section 2 convention that 1) Does what Arizona did, bar government control over health care, collect taxes or spend money on health care, and imprison any individual entering the state for such purpose as treason. 2) Repeal the 17th amendment; the constitution is a contract BETWEEN the states, and the Federal government is an agent to that contract. The federal government has no sovereignty than what the states choose to give. The parties to that contract need to be responsible for maintaining it. 3) Clarify the due process clause of the 14th amendment; The bill of rights are a clarification of what the states wanted to make clear that the Federal government had no right to touch with the limited power it was given. Any and all "rights" of the bill of rights desired of the citizens of a state should demand that they be incorporated into their own constitution as that is the only place in which individual protections from all government or other private individuals is meant to be. Again, Bill of Rights as Obama puts it is a list of negative liberties for the Fed as they rightfully should be, as they were intended. 4) Clarify the interstate commerce clause. The interstate commerce clause does not mean that the federal government has as it pleases the power to regulate any and all things that might possibly have an impact on the economy but instead, as it was intended, to ensure that conflicting state laws do not hinder business across state lines, in other words, minimalistically remove barriers to interstate commerce.
Thank goodness for the wisdom of George Mason that insisted on the last minute addition of Article V Section II that allows states to reign in the Fed with NO "approval" of Congress, the Supreme Court, and certainly not the president.
This is the last resort to save this country. The people that still think freedom is worth fighting for must be the ones that take the power back. The idea that the Federal government is going to reign itself because of some morally guiding light suddenly sparking in the minds of the supreme court justices that freedom be necessarily inflicted upon the American people like Health Care "Reform" is laughable. Such action could only be scorned because those apathetic individuals that believe fighting for freedom is someone else's job only see freedom as responsibility someone else may free them from.
Today is a dark day, but there is hope today will be a call for apathetic people to wake up and ask what America once was and do what is necessary to take it back.