I think this is a case where the French parliamentary system doesn't map onto American institutions very well. IIRC, the Conseil Constitutionnel intervenes at

I think this is a case where the French parliamentary system doesn't map onto American institutions very well. IIRC, the Conseil Constitutionnel intervenes at the time of ratification of a law; it's a forward-looking body, unlike the US Supreme Court that judges law ex post facto (like the Cours de Cassation).