The judicial does not have the power to decide that the U.S. Constitution is constitutional.
The power of the people allows the Constitution to function, it belongs to them and they can change it or remove it. The federal governments function is only to administer the constitution not creat its laws. The states are the people, not the union of states, for it was the individual state that ratified the U.S Constitution and accepted it as its law independent of other states. Remember, at one time there were two different governments between the states, The Articles of Confederation (perpetual) and the U.S. Constitution (not perpetual), it was up to the state which laws they would follow.
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David Upton