[gogeo]

Jefferson’s absence from the Constitutional convention in no way should detract from his contributions to the American experiment; Madison, who worked on the Constitution and was present at the convention, and who drafted the first version of the Bill of Rights, worked intimately with Jefferson on his "Bill For Religious Freedom In Virginia", the defining argument for the separation of Church and State in the newly-founded United States of America, had ideas nearly identical to Jefferson on the subject.

Rehnquist's point was not that Jefferson was unknowledgable; his point was that he could not speak with authority to the drafting of the amendment, having not been a participant or spectator, and offering no documentation of those who were.

[MuddyWaters2006]

Luis Gonzalez wrote:

Jefferson’s absence from the Constitutional convention in no way should detract from his contributions to the American experiment; Madison, who worked on the Constitution and was present at the convention, and who drafted the first version of the Bill of Rights, worked intimately with Jefferson on his "Bill For Religious Freedom In Virginia", the defining argument for the separation of Church and State in the newly-founded United States of America, had ideas nearly identical to Jefferson on the subject.

Rehnquist's point was not that Jefferson was unknowledgable; his point was that he could not speak with authority to the drafting of the amendment, having not been a participant or spectator, and offering no documentation of those who were.

Muddy says:

I agree with the view that Jefferson cannot speak as the primary authority to the meaning of the First Amendment. However, the Reynolds Court, which cited Jefferson's letter in 1878, did so only to confirm the legal principles it adopted from James Madison's famous "Memorial and Remonstrance" (1785) and the "Virginia Act Establishing Religious Freedom" of 1786. The Reynold's Court stated that Jefferson was "almost" an authority and his letter was cited as a "secondary" authority or "back up" authority that confirmed the primary authorities.

[MuddyWaters2006]

Luis Gonzalez wrote:

Jefferson’s absence from the Constitutional convention in no way should detract from his contributions to the American experiment; Madison, who worked on the Constitution and was present at the convention, and who drafted the first version of the Bill of Rights, worked intimately with Jefferson on his "Bill For Religious Freedom In Virginia", the defining argument for the separation of Church and State in the newly-founded United States of America, had ideas nearly identical to Jefferson on the subject.

Rehnquist's point was not that Jefferson was unknowledgable; his point was that he could not speak with authority to the drafting of the amendment, having not been a participant or spectator, and offering no documentation of those who were.

Muddy says:

I agree with the view that Jefferson cannot speak with authority to the meaning of the First Amendment. However, the Reynolds Court, which cited Jefferson's letter in 1878, did so only to confirm the legal principles it adopted from James Madison's famous "Memorial and Remonstrance" (1785) and the "Virginia Act Establishing Religious Freedom" of 1786. The Reynold's Court stated that Jefferson was "almost" an authority and his letter was cited as a "secondary" authority or "back up" authority that confirmed the primary authorities.