It _is_ a fact that, on June 21, 1788, the Americans in the nine states became collectively one political entity, the citizens of America, composing the nation which is America. It _is_ a fact, _and a fact which flatly denies the existence of the Eighteenth Amendment_, that, on June 21, 1788, the existing state legislatures did not become an omnipotent legislative body of the new nation “invested with power to legislate” for American citizens “in all cases whatsoever” in interference with our individual freedom. It _is_ a fact that those legislatures did not then become any government for the citizens of America on any subject whatsoever. It _is_ a fact that not one of those state legislatures received any new power to interfere with human freedom anywhere by any grant of _such_ power in the seven Articles of our Constitution. The opening words of the First Article expressly so declare. They are, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives.” Moreover, the Tenth Amendment, the declaration insisted upon by the whole “people” of America in their “conventions,” expressly so declares. Its declaration is that the entire Constitution gives no new power to any government except the new government of America, the government constituted by the First Article. It _is_ a fact, again a fact which denies the existence of the Eighteenth Amendment, that the _general constitutional restrictions upon government power to interfere with individual freedom_ are restraints upon the exercise of every grant of such power in the Constitution, and that they do not restrain the state governments _because those governments are the donee of no power of that kind in that Constitution_. This fact, a patent fact hardly needing settlement, was decisively settled in 1833 by the decision of the Supreme Court, announced by Marshall, in Barron v. Mayor of Baltimore, 7 _Peters_, 43. Barron contended that the Fifth Amendment restrained the power of the state governments. Marshall said: