If you think about how much carnage has been caused by the fact that we can in fact pass unconstitutional laws and then it takes decades of work to strike them down due to the bottleneck we have in our court system (supreme court). Would be much better to not pass the obviously unconstitutional laws and let the courts handle complicated exceptions that were not caught.
I really don't understand why people like you insist on this completely useless semantic argument. It's almost as pointless as debating the merits of parliamentarianism versus presidentalism.