IN 1947, when the Supreme Court first interpreted the constitution's bar on laws "respecting an establishment of religion", the justices consulted Thomas Jefferson. The First Amendment erects "a wall of separation between church and state," the third president had written in 1802. This means, the court said a century and a half later, that the government may neither "prefer one religion over another", take part in the "affairs of any religious organisations" nor impose taxes to support "religious activities or institutions." Justice Hugo Black explained in a 5-4 decision why this wall did not stand in the way of a New Jersey law covering the bus fares of Catholic-school students. In dissent, Justice Robert Jackson called the majority opinion "utterly discordant". The ruling, for him, brought to mind "Julia who, according to Byron's reports, 'whispering I will ne'er consent,'-consented.'"
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