I agree that we should let the justice system work its course first but, actually, we do not know if lawsuits will suffice …
Case in point – Kelo v. New London. It is PAINFULLY obvious that the Founders DID NOT want land taken from one property owner to be given to another property owner, just for the sake of increased tax revenue. But, SCOTUS ruled otherwise. [BTW: I think that Kelo could also be applied to taking of a business from one person to another].
Now, let us suppose that SCOTUS makes a bone-headed decision and rules the healthcare law constitutional.
What ya gonna do ??? Drop trou, bend over, grab ankles, and cheerfully say “Thank you Sir … May I have another ???” [BTW: Obama is ALSO gonna make you buy the Vaseline]. Or are ya gonna go after them via Constitutional Convention ??? It is a tool that the Founders left us to use against tyrannical government.
This is what I would do [assuming that healthcare is ruled legal]:
I would call a Constitutional Convention to pass a single amendment – a clarified definition of eminent domain. It would strictly limit its use to the taking of land for public infrastructure – not the passing of property [or a business] from one person to another just for the sake of increased tax revenue and jobs.
This FIRST Constitutional Convention MUST be a success – in order to show that it CAN and WILL be done when necessary. That is why I suggest eminent domain ONLY. It would have better than a 90% chance of passing – and you only need 75%. Healthcare, at first, might have a 50-50 chance, so it would be best NOT to try it right out of the gate.
Then, the states should go back with a SHORT list to Congress and tell them that they better get things fixed – or a SECOND Constitutional Convention would be called. Possible amendments could be healthcare, line-item veto, banning of inducements in bills to sway votes, etc. BUT, they MUST be amendments with MORE than a reasonable chance of success. And THAT convention would ALSO contain the hammer … a term-limit amendment.
If legislators are going to listen to their political parties rather than the will of the people, then the fear of God must be struck in them – this is a way to do it.
BTW:
In Federalist Paper #85, Hamilton stated HE DID NOT BELIEVE that legislators would enact ANY laws – other than for the good of the PEOPLE. BUT, he also added that IF such a case should occur – then the states had recourse via Constitutional Convention.