Furthermore, we are to learn, from the briefs of the lawyers _against_ the new Article, that they all assert, like their opponents, that the Fifth Article _is_ a _grant_ of power to the grantors and to the state governments. To our amazement, in the briefs of the lawyers _against_ the new Article, we shall find no knowledge of or insistence upon the important fact that the Constitution is both a _federal_ and a _national_ Constitution. Most amazing of all, in no brief of any lawyer, shall we find the faintest recognition of the _decisive_ fact that the “conventions” of the Fifth Article are the American citizens themselves, while the state “legislatures” of the Fifth Article are respectively the attorneys in fact for respective citizens of other political entities than the nation which is America. Most briefs, _for_ the new Amendment, will dwell upon the fact that the people of America, not the states, made the Constitution. Yet, although it is equally true to say that the whole people of America or the “conventions” of the Seventh Article made the Constitution, no briefer will know that the “conventions” of the Fifth Article are also the whole people of America, while the state “legislatures” never are the attorneys in fact for the citizens of America, who never chose a single member of those “legislatures.” That all those lawyers, who debated the _extent_ of the imaginary “grant” of power in the Fifth Article, may do themselves strict justice, let us accurately state a few indisputable facts before we consider their briefs. It _is_ a fact that the subject matter of the first section command and the second section grant, in the Eighteenth Amendment, is the exercise of a human right, not the privilege of a citizen of America or the citizen of any state. It _is_ a fact that the Americans in each former colony, in 1776, constituted a state for themselves and a government of that state and subjected that particular right, as all _their_ individual human rights, to the general welfare state power of _that_ government, the power which is now known as the police power. It _is_ a fact that, from 1776 to 1787, that particular individual right, as _all_ the human rights of the citizens of any state, was subject to no interference by any government or governments in the world except the one legislative government of that particular state. It _is_ a fact that all the legislative governments of the other states and the government of the federation of states could neither exercise nor grant, as some of them have attempted to do in the Eighteenth Amendment, any power to interfere with that particular individual freedom or any other individual freedom of the citizens in that particular state.