Thomas Jefferson wrote in his book Notes on the State of Virginia that ” Also, do you think that Tocqueville would think that Justice Black’s opinion in Everson v. Board of Education was wise or not wise? (In other words, would Tocqueville think that the decision was a good idea? In asking this question, we are not going to consider the constitutionality of the decision in Everson – which in truth is the only proper way to assess the merits of a court’s decision. However, in this case, we will consider not constitutionality but goodness of the decision in the Everson case.)
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