Encoding failure: In psychology, the term "encoding failure" is described as a phenomenon through which the occasional failure of an individual's brain is being explained while creating a specific memory link. Through the encoding process, an individual's brain can store and hence recall different information and events whether it is short-term or long-term. The encoding process gets fail due to a variety of reasons such as substance abuse, or trauma, etc.
In the question above, the given statement is mot likely because of a failure in encoding.
A) The right to judge the constitutionality of laws made by Congress! It established the right for a court to determine if a law upholds the constitution. You can read more about this case on history.com.