We average Americans, however, do not question the wisdom of Sheppard in quoting the repudiated claim of Calhoun, so long as Sheppard and his colleagues intended to continue their effort to impose upon us the new constitution of a new kind of American government, which is their Eighteenth Amendment. If he and they were to find anywhere citations in support of the ability of governments in America to exercise and to grant undelegated power to interfere with human freedom, to what source could he or they go for such citations? Their proposition depended wholly for its validity upon the Tory concept of the relation of government to its assets and subjects, the people. And, in the five volumes of the records of the conventions of the Americans, in the two volumes of _The Federalist_, and in over two hundred volumes of American decisions in the Supreme Court, he and they knew that no single citation of authority could be found to support the idea that we Americans are “subjects” and not citizens. In the face of such a situation, he and they had but a choice between the repudiated claims of Calhoun and Haine or the concepts of Lord North and his associates in the British Parliament of 1775. We average Americans know what choice we would have made, _under such circumstances_. For which reason we are not surprised to find Sheppard, after his remarkable quotation from Calhoun, continuing on to say that the states “by reserving to themselves the unqualified and exclusive right of amendment kept intact their sovereign capacity in so far as the organic law of the nation was concerned.” (_Congressional Record_, Vol. 55, p. 5553.) With the Supreme Court, we have always known and we still know, despite Sheppard, that the people of America did all the reserving that was done and which the Tenth Amendment merely declared had been done. We note, with intent to remember, how clearly Sheppard demonstrated his total ignorance of the most important factor in that Tenth Amendment, “the people,” and of the most important factor in the Fifth Article, the mention of the reserved exclusive ability of the people themselves, assembled in their “conventions,” to amend or change or add any _national_ Article in their Constitution.