Even Ashurst seems to have known that it was remarkable, unique in history, for the Fifth Article to name two different makers of future Articles. It is amazing that the imperative reason for this naming of two makers, distinct and different in their ability to make, never suggested itself to any of the renowned lawyers of 1920, even though they knew the dual nature, _national_ and _federal_, of our Constitution. It is amazing when we realize that the Supreme Court, in 1819, had stated, as an obvious thing, that, when the First Article (granting power to interfere with the freedom of men) was proposed, the legal “necessity of referring it to the people, and of deriving its powers _directly from them_, was felt and acknowledged by all.” It is amazing when the same Supreme Court in 1907 had authoritatively repeated that statement: “The powers the people have given to the general government are named in the Constitution, and all not there named, either expressly or by implication, are reserved to the people and can be exercised only by them or upon further grant from them.” However, we average Americans, still pursuing the history of America to learn when we again became “subjects,” will later herein consider the litigation about the Eighteenth Amendment. So far as the Senate is concerned, we leave it on December 18, 1917, the day on which it finally proposed that legislative governments make the Eighteenth Amendment, whose Second Section was exactly of the same nature as the First Article, namely, an Article of the kind which the Philadelphia Convention of 1787 had known never could be made by legislative governments in America. In that Senate, as in the House, the public record discloses no American who did not ignore the most important factor in the Tenth Amendment and the Fifth Article, no American who knew the legal necessity of deriving, directly from the people themselves, every power to interfere with the individual freedom of the people.