Absolutely it is! But not by the courts alone! The founders created three separate and distinct branches of or government and each is equal in power. None of them can run ruff shod over any of the others and every member of ALL three are required by the constitution itself to swear an oath of allegiance to the constitution in the performance of their duties! No congressman or senator should EVER vote for anything that he personally thinks to be outside the bounds of the constitution and neither should the president ever sign anything of that nature! The courts should render their verdicts based on the fact sand the law only within the bounds placed on them by the constitution and "such regulation as the congress shall make!"
That's it! The end! There is no more to it!
None of that matters anymore today. The Big Lie has won, and just as the majority of this people now think this country is a pure democracy and that there is this mythical separation of church and state as stated in the First Amendment, the nation believes that the courts are the final arbiters of deciding what is, and is not "legal" and "Constitutional".
This people want to be Soviet, and there is no stopping what they want unless we want to come to bloodshed.
That is the historical nature of all Republics and the history of man and human nature.
Like Ancient Israel, this people do not want liberty - they want license and provision sans any responsibility.