But let us not forget that Marbury v. Madison made it very clear the law of the land was the Constitution. Given the SC can only render an opinion the final arbiter of what is or is not constitutional rests with the states and the people of the states. An opinion is not the final measure of constitutionality. Dobbs v. Jackson Womens Health proved they make mistakes and they make mistakes a lot of the time. To think our founders would leave the final decision up to the unelected SC is ludicrous. In Dobbs v. Jackson Women’s Health Justice Sotomayor actually stated that nowhere in the Constitution does it say the court, the SC has the final say. So no matter what court case if heard or decided it is not the final say. If it ain’t in the Constitution then it is not constitutional.