But, it is in the constitution. "Congress can make no law" - and by extension via the 10th amendment, neither can anyone else. The Jefferson , Washington, etc, letters are used and referenced because they clearly eradicate any doubt as to what the intent was when writing the actual verbage of the Constitution.

I cant begin to fathom how you are coming to your line of thought. By your argument, no first amendment rights are sacrosanct, and State can abridge them at any time.

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

For who could be free when every other man's humour might domineer over him? - John Locke (2nd Treatise, sect 57)