Yes.
It was a power that was usurped by the Supreme Court in Marbury v. Madison. It was a power that was later allowed to be used by lower courts.
It is not explicit in the Constitution. IMO both Congress and the President have equal authority to judge the constutionality of any law. Indeed, it is their solemn duty. The Consitution does not make the Supreme Court the final arbiter of what is or is not consitutional. Ultimately it is left to the people.
Yes. It was a power that was usurped by the Supreme Court in Marbury v. Madison. It was a power that was later allowed to be used by lower courts. It is not explicit in the Constitution. IMO both Congress and the President have equal authority to judge the constutionality of any law. Indeed, it is their solemn duty. The Consitution does not make the Supreme Court the final arbiter of what is or is not consitutional. Ultimately it is left to the people.
U.S. Constitution;
The judicial Power of the United States, shall be vested in one supreme Court and in such inferior Courts ...
The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior...
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution...
The Judicial Branch is granted power by the Constitution to determine what laws are Constitutional and what laws are not Constitutional. The only recourse for their mistakes is that judges may be impeached for bad behavior.