Since Marbury finding the constitutionality of law has been the province of SCOTUS. Jefferson and Madison sought earlier to declare that power as belonging to the states, but it was clear any state might find a law it disapproved of and create a constitutional issue to nullify it. That course would lead to disunion. SCOTUS has been accepted as the arbiter of the Constitution even though decisions like Scott and Plessy have not been just. Roberts reasoning in the current matter may be faulty and convoluted but under our current procedures for determining constitutionality his decision is the final word unless or until SCOTUS revisits the issue.
The whole aim of construction, as applied to a provision of the Constitution, is to discover the meaning, to ascertain and give effect to the intent of its framers and the people who adopted it.____HOME BLDG. & LOAN ASS'N v. BLAISDELL, 290 U.S. 398 (1934)