We know, with certainty, that the Eighteenth Amendment is not in our Constitution, and we know that the real and invincible challenge to its existence has never been made. What will be the epitaph of the audacious attempt of government to dictate to Americans as “subjects,” when the challenge is presented to the Supreme Court? No patriotic American can have the slightest doubt. No man, familiar with its history and traditions, can fail to know the answer of that Court to the question, “Citizen or Subject?” It is not unknown that there is growing up in America, even among many public leaders and lawyers, an unfounded concept that the Supreme Court was created by the American citizens _to make_ law. Such concept is quite in accord with the concept--indeed it is part of the concept--that government can create and constitute new government of men. But the entire history and tradition of the Supreme Court flatly denies the existence of any such concept in the mind of the Court itself. Even in the National Prohibition Cases, the Court quickly displayed the American concept of the relation of men to all governments in America. When the lawyers had finished their incessant talk about the imaginary Fifth Article “grant” which would make all American citizens “subjects” of some governments of state citizens, had the Tory concept of such a grant made the slightest impression upon the mind of the Court? We all know that in the decisions, which merely negatived four unsound challenges to the Amendment, the first statement of the Court was a reference to the power “RESERVED” in the Fifth Article. And we know how, in the same litigations, the Court wholly ignored the absurd claim, even when advanced by a former justice of the Court, that, when governments had attempted to put anything into our Constitution, so long as the attempt did not involve changing the number of senators from a state, the Court was without power to review the action of governments or to protect the American citizen against usurpation by government. The Constitution is not only the same in words, but the same in meaning, and delegates the same powers to the government, and reserves and secures the same rights and privileges to the citizen, and as long as it continues to exist in its present form, it speaks not only in the same words, but with the same meaning and intent with which it spoke when it came from the hands of its framers and was voted on and adopted _by the people of the United States_. Any other rule of construction would abrogate the judicial character of the Court, and make it the mere reflex of the popular opinion or passion of the day. This Court was not created by the Constitution for such purposes. Higher and graver trusts have been confided to it, and it must not falter in the path of duty. (Scott v. Sandford, 19 _How._ 393, at p. 426.)