It was tacitly understood that the judicial branch had the authority to review statutory laws and void those repugnant to the fundamental law. Hamilton was explicit in Federalist #78 with regard to the power to review but the implication was asserted within the historical context of popular constitutionalism. He also enumerated reasons the judicial branch posed no threat to the other branches assuming naively that it held no purse nor sword... only [unbiased] judgement. It was understood therefore that the other branches had equal co-ordinate powers to (as Louie adroitly mentions) review the constitutionality of laws enacted and check through various mechanisms the other branches- including impeachment of judges who engaged in law making. Madison, the Father of the Constitution theorized that though in coordination the judiciary was deemed last in relation it still was not final in authority to the rights of the parties to the constitutional compact... [that] the delegation of judicial power would annul the authority delegating it; and the concurrence of this department wtih the others in usurped powers, might subvert forever, and beyond the possible reach of rightful remedy, the very constitution, which all were instituted to preserve. Nothing could have been so precient as knowing that if the other coordinate branches allowed the judicial branch to affirm power not granted to it the power to delegate it would therefore be annulled without rightful remedy. That basically the system would cannibalize itself: this is exactly what has occured but now we except it as though it is good for us- that a contract enacted by We the People was somehow derived to protect us from ourselves- nothing could be further from the truth.