[Modernman]

That doesn't make sense from a separation-of-powers point of view. If Congress passes a law, then Congress considers that law to be Constitutional. So, following your logic, if Congress passed a law banning private ownership of firearms, such a law would automatically be considered Constitutional.

[CzarNicky]

And if a bunch of men wearing black dresses decides abortion is constitutional it just comes into being? Congress is elected by the people and thus the people either through their elected representatives or through their own actions when necessary are the final arbiters over what is and is not constitutional. Not the mullahs and oligarchs who like to wear dresses.