Hi
AndyT while I believe that is the correct process required
to expand jurisdiction of federal govt,
unfortunately it seems the very people who believe that health care is a right
tend not to be Constitutionalists, and don't believe they need to go through
this Constitutional step. Because it is such an engrained belief, advocates
believe this is a natural right, any laws obstructing it are violations of basic human rights,
and thus can be 'struck down' merely by voting by majority rule or overruling by courts.
The Constitutionalists who would support the process of passing
a Constitutional Amendment first tend NOT to believe that health care is
a human right. I believe this explains why the push for health care reform
took this direction: conservatives believe in limited govt where things must be Constitutional for govt to do them; liberals believe in using govt to establish the will of the people, so their beliefs and agenda are pushed through the political and legal system UNTIL they are proven and struck down as unconstitutional "after the fact."
The next best alternative I've run across, is someone suggested on another forum:
why not hold a vote in Congress BEFORE such innovative or contested legislation
is passed whether or not that bill is within the Constitutional powers and limits on federal govt.
That seems a logical way to approach this.
Had Congress first voted on whether ACA was even Constitutional or not,
it could be voted down. Then the advocates of ACA can take that vote NO
as a STEP that then calls for passing a Constitutional Amendment in order
to ADD that power to govt. The opponents can then express their opinion
more clearly that the DUTY itself is outside Constitutional powers of federal govt,
and THAT is the reason for objection (NOT because of the actual content
and purpose promoted as to provide more affordable accessible health care)