Legal scholar Randy Barnett testified yesterday before the Senate Judiciary Committee. Among other salient points, Barnett reminds Congress that each member takes an oath to uphold the Constitution. It is NOT just the Supreme Court which must judge and vote on the constitutionality of legislation. Congress, and the President himself, have the sworn duty to strike down unconstitutional bills and laws.
Other resources worth reading:
Amici Curiae by Randy Barnett , CEI and Cato, Virginia v. Sebelius
Commandeering the People: Why the Individual Health Insurance Mandate is Unconstitutional, by Randy Barnett
Columbia Law School web page of links on the Constitutionality of the health care control law.