Incoming House Majority Leader, Eric Cantor, wants the "Patient Protection and Affordable Care Act" (H.R. 3590) repealed. It will not be easy. In fact, it will be almost impossible using conventional means. So, what is Mr. Cantor planning to do to get around that little "almost impossible" problem? He, and his fellow Republicans, plan to amend the Constitution.
Here's the current wording of the proposed 28th Amendment to the Constitution:
The Repeal Amendment:
Any provision of law or regulation of the United States may be repealed by the several states, and such repeal shall be effective when the legislatures of two-thirds of the several states approve resolutions for this purpose that particularly describe the same provision or provisions of law or regulation to be repealed."
Notice that there is no differentiation between "statutory" and "case" law. Notice that there is no exclusion of case law. Notice the broad, non-specificity of the "any provision of law or regulation" terminology. Notice the broad non-specificity of the "particularly describe the same provision or provisions of law or regulation" terminology.
http://www.opednews.com/articles/The-Founding-Fathers-on-th-by-Michael-Chamberlin-101228-278.html