Congressmen and Senators can, should, and have considered what is constitutional and what is not when voting on a bill.
Presidents can, should, and have considered what is constitutional and what is not when signing or vetoing a bill.
The judgment of what is and what is not constitutional is not exclusive to the courts.
Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour and, with the Concurrence of two thirds, expel a Member. -- U.S. Constitution (Article I, Section 5, Clause 2)
If Massie can read this plain language of the U.S. Constitution and determine that a fine imposed on Adam Schiff is somehow "unconstitutional," then he's disingenuous at best and a lying fraud at worst.