The comments below are correct re judicial review, Marbury v. Madison. But another way to think of this is that the Constitution is also a law, a statute even, with higher ranking than the laws passed by Congress. So in this instance, the courts are interpreting and applying the higher-ranking statute.
Also: it’s a bit crazy to overturn Wickard simply because so much subsequent development rests on it, but it was wrongly decided. The commerce power shouldn’t ever have been read as broadly as it was.
Also: it’s a bit crazy to overturn Wickard simply because so much subsequent development rests on it, but it was wrongly decided. The commerce power shouldn’t ever have been read as broadly as it was.