He is right about that, the way things are taught; laws are like a person being accused of a crime being innocent until proven guilty. Laws are Constitutional until proven not Constitutional. That is the system.
Several of our accusations against King George III dealt with the courts. Colonial, English judges protected the prerogatives of the sovereign, the KIng
To correct the problem, the Framers created a judiciary independent of the executive. Our judges also have a duty to protect the prerogatives of their sovereign, the lawgivers. That sovereign is us, the people, and not the government.
Unfortunately, we have gone full circle. Like the King's judges, Breyer, Soto, Kagan, Ginsberg work to protect and promote the imaginary prerogatives of the government, rather than the sovereign people.
If Scotus had continued to apply the Necessary and Proper criteria to laws as Madison and the Framing generation intended, we would not be standing as we are at the edge of the societal and financial abyss.