Four of those justices are just there to rubber stamp what ever the Democrat Party wants them to. You can all guess who they are. They could care less what the Constitution says on anything. It means nothing to them. No the framers did not know what John Marshall had in store for them. They found out the hard way in Marbury v Madison. Most of them were horrified, by the way the loser of that case was the guy who is called the father of the constitution.
Again, any appellate court can and will uphold a act passed by a legislature on any basis they find Constitutional.
My definition of a Conservative Judge is one who does hand down “judge made law”
The libs and its seems many who call themselves conservatives are fine with Judges imposing their shared point of view when convenient.