Eighteenth Amendment rests on imaginary Fifth Article “grant” making the state governments of state citizens attorneys-in-fact for the citizens of America, empowered to give away all human rights of the citizens of America--“Grant” assumed in every brief--No brief recognizes that one supposed “grantee” is supposed “grantor”--Or that each of two supposed “grantees” was a competent maker of Articles (as proposed Articles were respectively federal or national) before and when the “conventions” made the Fifth Article--Or that Philadelphia Convention knew and held “conventions” existing ability competent to make any Article and state legislatures, existing ability incompetent ever to make Articles like First Article or Eighteenth Amendment--Or that Tenth Amendment declares no power given to state “legislatures,” while all ability to make national Articles “reserved” to “conventions” of “the people” of America--No brief challenges sheer assumption of Fifth Article “grant” or supports assumption by any fact--Every brief, for or against Amendment, is based on the sheer assumption--No brief knows that enumerated powers of only American government to interfere with human freedom can be changed by no one save the citizens of America themselves in their “conventions”--Madison’s tribute to these “conventions” in which “free inhabitants” constitute new government power over themselves--Hamilton explains great danger to human liberty if “legislatures” or permanent government bodies could create such new government power--That knowledge of his generation confirmed by story of government-made supposed Eighteenth Amendment--Our gratitude to that generation of men who (1776) made it and (1788) left it impossible that governments could create new government power to interfere with American human liberty--Our regret that modern leaders have not known this great and immutable protection to American liberty. XXIII. THE CHALLENGES THAT FAILED _Page 350_