Each of the Americans, who created the nation that is America, already lived as a member and citizen of a state. In that state, when they had constituted it, the citizens _thereof_ had subjected their human right (to do what the new Amendment says shall not be done) to a power in the government of that state (a power which _they_ gave it and can take back from it) to make that kind of a command _to them_ in that matter. We thus have clearly in our minds that the individual in America has the human right (with which the new Amendment interferes) and that it is subject to the interference of no government, except as the citizens of that particular government have given it power so to interfere with it. The undoubted fact that the right itself is not the privilege of the citizen of America or the citizen of the state is simply another way of saying that the original human right itself is not granted to the human being by government or governments but by the Creator Who made him. Without the Tory concept, no man would even make the mistake of believing that a citizen gets any of his privileges from any government. The privileges of a citizen are the things which he acquires by his voluntary association with the other citizens as the members of a political society which is the nation. The human rights of the same individual are the rights which he brings into that association and subjects to whatever powers of its government are granted by himself and those other citizens with whom he associates as the nation. Of course, the early Americans, with whom we have now been educated, not only knew these things clearly and accurately, but on their knowledge of them based everything that they did in the fifteen years which we have lived with them. The Americans of today, who uphold the new constitution of government made entirely by government, do not know them at all or understand them when they hear them. Neither would the aristocrats of France, before the French Revolution, nor the Tories of England, even at the time of our Revolution, have known or understood them. That is why the Americans continued their Revolution and won it, so that these things might be the basis of every government interference with any human right. Later they made the American Constitution solely to secure the greatest possible protected enjoyment of all individual human rights. That security is one of the privileges acquired by citizenship in the society which that Constitution created. Wherefore, it is of interest for us to know how clearly Madison, who largely planned that Constitution and who worded its Fifth Article, did know and understand these facts in relation even to the very things forbidden in the new constitution of government made entirely by government.