Nova Law Review


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.

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