And now we examine the only other challenge that _was_ made, a challenge negatived by the third conclusion of the Supreme Court. No challenge could more emphatically ignore the protected individual liberty of the citizen of America. This challenge does not know that American citizens have _no_ government save the government of enumerated powers. This challenge frankly admits that the Fifth Article is a grant to legislatures, each elected by the citizens _of some particular state_, and that three fourths of those legislatures have the omnipotence, which was denied to the British Parliament, over every individual liberty of the American citizen. Like the other challenges that _were_ made, like every brief for or against the Eighteenth Amendment, this challenge knows not that the Constitution is both a _federal_ and a _national_ Constitution and knows not that the state “legislatures” never have and never can have aught to do with the _national_ aspect of that Constitution. Based on this remarkable ignorance, this is the challenge, frankly stated in our own words: “The state legislatures _can_ make this Eighteenth Amendment. The state governments _can_ do what they will, so long as they call their action a constitutional Amendment, with every reserved right and power of the citizens of America. But thirty-six state legislatures are necessary to make anything called a constitutional Amendment. And our challenge is that thirty-six legislatures have not made this particular Eighteenth Amendment. In any state, where the referendum exists, the citizens _of that state_ [we note that even now the citizens _of America_ are not mentioned] are part of the state legislature. In some of these referendum states, whose legislatures are included among your claimed thirty-six ratifiers for the Eighteenth Amendment, the whole of the state legislature has not yet ratified, because the citizens of the state, who are part of its legislature, have not yet acted. For this reason, that you ignore the rights of the citizens _of some states_, our challenge is that the Eighteenth Amendment has not been ratified by the legislative governments of thirty-six states.” This particular challenge, like everything in these litigations and in the whole history of the supposed new Amendment, brings into bold relief the one monumental error at the bottom of every thought that the new Amendment _is_ in the Constitution, at the bottom of the varied absurdities which constantly appear in every brief, either for or against validity.