[xzins]

Where does the constitution say that a lower court judge has the power to overturn an act of Congress duly signed by the President.

What article, what section of the Constitution is that in?

[Sandy]

It's inherent in the judge's oath. The Constitution does not require a judge to enforce an unconstitutional law. However, the Constitution *does* require a judge to support the Constitution .

Suppose you're a federal judge. Congress has passed a law establishing Catholicism as the only religion allowed. Joe Blow gets indicted for practicing Judaism. The defendant arrives in your court for a bench trial and claims in his defense that Congress has no authority to pass such a law. What do you do?