"Jefferson wrote, "I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church & State".
Jefferson's metaphor of a wall of separation has been cited repeatedly by the U.S. Supreme Court. In its 1879 Reynolds v. United States decision, the court allowed that Jefferson's comments "may be accepted almost as an authoritative declaration of the scope and effect of the [First] Amendment.""
So it was ignored in the court until 1947... but directly quoted in the court in 1879?
Since when does WRITING EXTERNAL to the CONSTITUTION come under the scope of REVIEW when considering constitutional law? How does SCTOUS have the authority to review a LAW (like the personal letter from Jefferson..is not), that IS NOT WRITTEN? There is no authority. The Courts authority is derived for one specific reason, TO arbitrate WRITTEN law, not to OPINE NEW LAW FROM THE BENCH where none existed previous. And, according to the 10th Amendment to the United States Constitution all words not found in the Constitution belong specifically to THE PEOPLE/STATES, not to SCOTUS to opine upon.
Personal Opinion, even that of Thomas Jefferson, holds no authority over the PEOPLE, the only standard that calibrates law in this land is the United States Constitution and following amendments. Please show where the words, SEPARATION OF CHURCH AND STATE are located in any LAW, to include the Constitution, Following Amendments....or from any act of Legislation that comes from the Legislative Branch of Government, the only branch of government in this nation that holds the authority to draft NEW LAW. There are no such words, and do you know why there is no such wording? Its a little thing called the 1st amendment, "...and CONGRESS shall pass no law in the establishment of religion..." why is this CLAUSE found in the Constitution, because of another little Clause called the FREE EXERCISE CLAUSE.
Read the Constitution in context. Who is forbidden from passing law in relation to religion, THE STATE? LOCAL GOVERNMENT? Of course not! CONGRESS SHALL PASS NO LAW. SCOTUS does not have the power nor authority to incorporate the ESTABLISHMENT CLAUSE upon the PEOPLE who drafted the CLAUSE to limit BIG BROTHER, not the STATE, NOT THE COUNTIES, NOR CITIES.
Read Amendment 10. "THE POWERS NOT DELEGATED TO THE UNITED STATES (central government, the states combined) BY THE CONSTITUTION (things written in the constitution like the 18 enumerated powers of article one), NOR PROHIBITED IT TO THE STATES (like the 1st amendment, CONGRESS SHALL PASS NO LAW....but the courts can do what Congress is forbidden from doing, BY LIBERAL LOGIC?), ARE "RESERVED" (for who, SCOTUS? Hardly.) TO THE STATES RESPECTIVELY, OR TO THE PEOPLE.
THUS those words written by T. Jefferson in a personal communication to a Baptist Preacher....belong to who? SCOTUS to opine upon in comparing..aka, REVIEWING written law? Again, Hardly....that private communication belongs to the PEOPLE, and as of this date, there is NO LAW drafted by the PEOPLE in any STATE, or by REPRESENTATION at the Federal Level....Constructing a Wall of Separation between Church and State. If there is any such law on the books at any Government Level that has seen REPRESENTATION by THE PEOPLE...show it to us. SCOTUS overstepped its bounds in ESTABLISHING the religion of SECULAR HUMANISM as the RELIGION of the LAND.
Why have a STANDARD such as the CONSTITUTION if THE COURTS can inject PERSONAL OPINION in place of written law? Why not just say, as do most PROGRESSIVES......SCOTUS is the AUTHORITY in these United States. Indeed a group of UNELECTED, POLITICALLY APPOINTED, OPINIONATED CIVIL SERVANTS, with life time appointments and no oversight are now THE LAW OF THE LAND in this supposedly SELF GOVERNING, CONSTITUTIONAL FREE REPUBLIC? Really? Sounds kind'a totalitarian to me....when a BRANCH of the GOVERNMENT can DICTATE the self professed limits of its power, and CHANGE the CONSTITUTION by personal opinion when the mood suits them.