In a well-known passage in his famous dissent in the flag-salute
case of 1943, Justice Felix Frankfurter wrote:
Our constant preoccupation with the constitutionality of legislation
rather than with its wisdom tends to preoccupation of the American
mind with a false value. The tendency of focussing attention on
constitutionality is to make constitutionality synonymous with wisdom,
to regard a law as all right if it is constitutional. Such an
attitude is a great enemy of liberalism. . . . Reliance for the most
precious interests of civilization, therefore, must be found outside
of their vindication in courts of law.
Alfange, Dean Jr.
"Wisdom, Constitutionality, and Nuclear Weapons Policy,"
Nova Law Review: Vol. 7
, Article 6.
Available at: http://nsuworks.nova.edu/nlr/vol7/iss1/6