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Well, I'd say the whole thing is unConstitutional on it's face because of the 10th Amendment, but they pretty much ignore that. However, they pretend to follow the Constitution with lip-service to other provisions.

What the Constitution actually says is that "All bills for raising revenue shall originate in the House." But 'officially' Obamacare doesn't 'raise' revenue. They steal it from Medicare (for which revenue is already raised), and they set a threshold of $600 for filing 1099 forms (but the law that says transactions declared on 1099 forms get taxed is separate), and they leave a lot of it just unfunded. (Which is why there is a tactical opportunity to gut Obamacare by not funding it.)

So the problem of Constitutionality is not limited to which chamber originated the bill. And of course, for lawyers, they can claim that since the House had a similar bill, it can be 'deemed' to have been originated by the House. Just because, in the end, the House like the Senate version enough to approve it without change doesn't mean they didn't 'originate' the topic. In fact, the House bill was passed first, then ignored in favor of the Senate version in order to avoid a filibuster.