Because Jefferson was speaking in terms of social contracts, and bin Laden speaks in terms of religious fanaticism.

Which explains the other problem with the analogy, that Jefferson and his fellows went after soldiers and terrorists go after civilians. The whole reason for terrorism is that heavily outgunned and outnumbered militants CAN'T win a pitched battle with soldiers, so they try to force the opposition to the bargaining table by eroding their will to fight, via terrorism. It's the problem with pretty much all Islamic terror groups: Even if I considered terrorism legitimate, it's goal is to force an otherwise unobtainable negotiated settlement, yet when Islamic terrorists are offered such a settlement (e.g. the Oslo Agreement) they'll reject for the sake of more murder. Because, at the end of the day, that's all they are: Mass murderers who try to legitimize and rationalize their hatred and murder on specious political grounds. They're WORSE than terrorists.