The ability of the Supreme Court to strike down legislation was not created by the Constitution. It was created by precedent from Marbury vs. Madison, where certain elites took a power they didn't have to deny other elites a power they shouldn't have had. And everyone promptly just went along with it.
It's all a matter of seizing and exercising power, and whether or not there's a successful response against you.
The ability of the Supreme Court to strike down legislation was not created by the Constitution. It was created by precedent from Marbury vs. Madison, where certain elites took a power they didn't have to deny other elites a power they shouldn't have had. And everyone promptly just went along with it.
It's all a matter of seizing and exercising power, and whether or not there's a successful response against you.