The Supreme Court of the United States (SCOTUS) does NOT "determine" what is or is not Constitutional. The Court has simply been given the authority to declare what it considers to be Constitutional. As history has shown, the Court IS fallible (being made up of humans with their own political agendas and religious convictions) and sometimes gets it wrong.
Here is what Thomas Jefferson had to say on the matter:
You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps....
Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.
Jefferson, Thomas. The Writings of Thomas Jefferson, Letter to William Jarvis (September 28, 1820).
The Supreme Court has the authority to make rulings based on its perception of Constitutionality. However, this does NOT mean that they always get it right. In fact, every single time they overturn an older ruling, they tacitly admit that the earlier ruling was wrong. Of course, this is rare because no one likes to admit that they were wrong, and court justices are no different.
The Constitution does not permit the SCOTUS to reinterpret the Constitution in any way that it so desires (as many critics seem to think). The Court is required to stick to the original intent of the Constitution and its amendments. That was the point I made in the article.
Roe v. Wade is a Court ruling. It is NOT to be conflated with the Constitution itself. And like any other ruling, it is subject to error. As I have shown in this article, it is a bad ruling because it ignores the original intent of these amendments.
The main point here is that the actual text and original intent of the Constitution always trumps any court ruling. Thus, the Constitutionality of abortion is decided by the actual text of the Constitution - not by a Supreme Court ruling. Appealing to the Court is an appeal to authority.
Abortion IS unconstitutional based on the actual text of the Constitution. Of course, we are required to abide by Court rulings. However, this does NOT mean that the ruling is, by definition, Constitutional. In order to determine that one must check the Constitution itself.
For what it's worth, ALL jurists on the Supreme Court should be strict constructionists. Any who are not are violating their oath of office, and are acting contrary to one of the most important principles of civil government - namely, that we each must approve (through representation for new laws or by tacit consent for laws that predate us) of any law to which we are bound.
This means that the original meaning and intent MUST be the only accepted meaning, and that all court justices are bound to interpret the law in that particular way. If they do not, then they have no business serving on the court, and should be impeached.
The Founding Fathers were very clear on this matter. Having laws forced upon us which we do not consent to is tyranny. The same is true if laws are reinterpreted by a court (i.e. a unelected body of people in which we are not represented).