I believe Obamacare itself violated the constitution. The supreme court would have agreed if Obama was allowed to call it a penalty. The courts helped him out because up until it was tested in court Obama called it a penalty because he PROMISED the people that it wouldn't raise taxes. So once in court they had to concur with the judges that was a tax but then told the people it was a penalty. You cant have your cake and eat it to but somehow he did.