True, Congress can pass any act it wants to, and the President might even sign it. But, the right of the Courts, particularly the Supreme Court, to declare an act as being counter to the meaning and intent of the Constitution has been accepted law since the Presidency of Thomas Jefferson as defined by Chief Justice John Marshall in the case of Marbury vs Madison.
Just because Congress passes it don't make it right or consitutional.
Still, the basic premiss of your post is accurate and admirable, . . . . vote the suckers out who won't listen to the people instead of the monied special interests and the almighty party.