The lunatic left is scared to death that Supreme Court is going to toss Obamacare into the ash bin of history, just in time for the 2012 election.
The majority of States have sued to strike down the Health Care law as an unconstitutional expansion of Federal power. If the Court does not strike down the mandate, there may well be enough States to ratify a Constitutional amendment to clearly and unequivocally declare such power to reside with the States or the people, but not with the Federal government.
If the Court does not strike down the mandate, there may well be enough States to ratify a Constitutional amendment to clearly and unequivocally declare such power to reside with the States or the people, but not with the Federal government.
The Amendment Process.......
The first method is for a bill to pass both houses of the legislature, by a two- thirds majority in each. Once the bill has passed both houses, it goes on to the states. This is the route taken by all current amendments. Because of some long outstanding amendments, such as the 27th, Congress will normally put a time limit (typically seven years) for the bill to be approved as an amendment (for example, see the 21st and 22nd).
The second method prescribed is for a Constitutional Convention to be called by two-thirds of the legislatures of the States, and for that Convention to propose one or more amendments. These amendments are then sent to the states to be approved by three-fourths of the legislatures or conventions. This route has never been taken, and there is discussion in political science circles about just how such a convention would be convened, and what kind of changes it would bring about.
Since I don't see the first happening unless the voters are really pissed off and vote out all the Dems in 2012, then that leaves the second route, which has never been done.... And if you do go the second route and convene a Constitutional Convention aren't you opening the door for other less desirable Amendments to be introduced and voted on at the same time you try to make an Amendment to strike down ObamaCare??? Isn't that the main reason a Constitutional Convention has never been convened???