So that means, whatever it is, unless the SCOTUS rules, it IS constitutional? Like when we enslaved black people, and the SCOTUS had ample opportunity to declare it unconstitutional, but didn't? So your argument back then would have been, since the men in black robes hadn't declared it unconstitutional, it IS constitutional to own slaves? The Constitution gives us that right, because the SCOTUS hasn't ruled otherwise, is that what you are saying here?
Whether or not the SCOTUS has or has not ruled on a particular issue, doesn't make it "constitutional" or "unconstitutional" in principle. The SCOTUS has often been very very wrong.