Actually, the process probably started in 1803, when Chief Justice John Marshal, in Marbury v Madison, found that the Supreme Court had the authority to determine the Constitutionality of a law or govt action. According the the Federalist Papers, it was intended that the President should determine constitutionality of laws before signing them and veto any that were unconstitutional. That was the primary purpose of the veto. But Marshal found something in the Constitution that wasn't there. Courts have been doing it ever since.