Who says no?
Interesting factoid: Alberto Gonzales, nominee for the post of Attorney-General, apparently believes Gavin Newsom, as an elected executive of the government, has the right to take a stand against laws he considers unconstitutional: MR. GONZALES: Senator, I do believe there may come an occasion when the Congress might pass a statute that the president may view as unconstitutional. And that is a position and a view not just of this president, but many, many presidents from both sides of the aisle. ...