Good question. There were those who assumed the judicial branch would have some type of role in this process, Marshall among them, and others who did not think the SCOTUS should have this power, John Dickinson being the most prominent. The founding generation were in agreement that the SCOTUS did not have the power to invalidate State law, as John Rutledge of SC said that alone would damn the Constitution. Marshall swore in the VA Ratifying Convention that the SCOTUS would never do that. He lied.
