Roe v Wade
Brady Bill
Civil Rights legislation
The war powers act
All of which were passed by congress or decided in the courts as Roe v. Wade. If Jefferson’s views were really what the Founders meant by the "separation of powers” then two things would happen. Every piece of legislation the congress passed would be immune from judicial review because by definition, if they passed the law they had declared it constitutional. And the President could simply, on taking office, declare all laws he did not like unconstitutional and that would be the end of it. At that point, there would be NO need for a USSC that the constitution invests the power to decide the constitutional soundness of legislation on the basis of both fact AND law and no need for the Judicial Branch of the governmental triad put into place by the founders.
Every piece of legislation the congress passed would be immune from judicial review because by definition, if they passed the law they had declared it constitutional.
When someone has been charged with a crime, the case has been tried and appealed to the SC, then they can make their determination. If they say it's unconstitutional, then the accused will go free and there will be no reason for the executive branch to bring the charges against anyone else as they will know the ultimate outcome.
"The judges, believing the law constitutional, had a right to pass a sentence of fine and imprisonment; because that power was placed in their hands by the Constitution."
the President could simply, on taking office, declare all laws he did not like unconstitutional and that would be the end of it.
Not exactly. He can't declare a law unconstitutional. But, he can just not bring charges against anyone accused of violating that law.
"the Executive, believing the law to be unconstitutional, was bound to remit the execution of it; because that power has been confided to him by the Constitution."