It is impossible to build sound constitutional doctrine upon a mistaken understanding of Constitutional history... The establishment clause has been expressly freighted with Jefferson's misleading metaphor for nearly forty years... There is simply no historical foundation for the proposition that the framers intended to build a wall of separation... The recent court decisions are in no way based on either the language or intent of the framers.
William RehnquistThe 'wall of separation between church and state' is a metaphor based on bad history, a metaphor which has proved useless as a guide to judging. It should be frankly and explicitly abandoned.
William RehnquistWhat many of those who oppose the use of juries in civil trials seem to ignore is that the founders of our Nation considered the right of trial by jury in civil cases an important bulwark against tyranny and corruption, a safeguard too precious to be left to the whim of the sovereign, or, it might be added, to that of the judiciary.
William RehnquistSomewhere "out there," beyond the walls of the courthouse, run currents and tides of public opinion which lap at the courtroom door.
William Rehnquist