The second SCOTUS ruled that the Constitution had to be interpreted in terms of the writers. To do anything else is contrary to the establishment of the Constitution at all.
Any law from the federal government outside the bounds of the powers empowered through the Constitution is void or at least should be.
“A Law repugnant to the Constitution is void.” - Chief Justice of the Supreme Court John Marshall - Marbury v. Madison (1803)
Strange that NBC News chose to publish an attack on the constitution during the 4th of July weekend.