In asking this question we but echo the learned Pendleton’s question, in the Virginia convention of 1788: “Who but the people can delegate powers?... What have the state governments to do with it?” (3 _Ell. Deb._ 37.) And we also but echo the question of Wilson, in the Pennsylvania convention of 1787: “How comes it, sir, that these state governments dictate to their superiors--to the majesty of the people?” (2 _Ell. Deb._ 444.) But we, the citizens of America, have a further charge, at this point, to make against Webb and all who claim that the new Amendment is in the Constitution or that any governments could put it there. In the case of Kansas v. Colorado, supra, counsel for the government of America made a monumental error by displaying his ignorance of the most important factor in the Tenth Amendment, “the people” of America. By reason of that particular ignorance, he assumed that all power to interfere with the individual freedom of Americans, on every subject, must be vested in some government or governments. This was the Tory concept, accurately rebuked by the supreme judicial tribunal, knowing only American law based on the American concept of the relation of “citizens” to their servant government and not on the Tory concept of the relation of the master government to its “subjects.” He did not know what Cooley knew when he made his accurate statement that “There never was a written republican constitution which delegated to functionaries all the latent powers which lie dormant in every nation and are boundless in extent and incapable of definition,” (_Constitutional Limitations_, 7th Ed., 1903, p. 69.) By reason of his ignorance, he contended that government could command American citizens by interfering with their individual freedom on a matter not enumerated in the First Article. His particular error, in that respect, is repeated by Webb and all who uphold the validity of the command made in Section 1 of the new supposed Amendment. But they were not content with repeating his one monumental error. They have not only ignored the most important factor in the Tenth Amendment, “the people.” They have also wholly ignored the most important factor in the Fifth Article, the mention of the _way_ in which the citizens of America made their only valid grants of power to interfere with their individual human freedom, the mention of the only way in which new grants _of power of that kind_ can ever be _constitutionally_ made, the assembling of _those_ citizens in their “conventions” in their several states. So assembled in such “conventions,” they made all their grants in the First Article and then, in their Fifth Article, mentioned their own assembling in exactly similar conventions in the future and prescribed that a “Yes” from three fourths of those conventions would be the only valid signature of the citizens of America to any new grant of a further enumerated power to interfere with their individual freedom.