In my view “the Constitution” isn’t legal authority until it is approved by living voters. The gov’t is going to have to bid for a release and waiver from anyone turning eighteen (18) years old between referenda else the gov’t can’t show majority approval of the way it does business. In particular,
Each of us would want the opportunity to keep his (risk/reward) ratio in an acceptable range when cooperating with others of us. And, each of us has his personal space. Each of us would want the opportunity to limit the range of topics others of us get to vote on.
(1) Living people have not approved “the Constitution”(“We the People”). It’s not legal authority. “In a Democracy power flows from the bottom up.” – David Gergen.
Note that Thomas Jefferson stated that “the Constitution” should expire every nineteen (19) years. – Letter Thomas Jefferson to James Madison -6 Sept. 1789 Papers 15:392–97.
(2) The ideas embedded in “the Constitution” are under the protection of both the president (A2, s1, c8) and the armed forces of the United States (10 USC sec. 502). By segregating its ideas in this manner, “the Constitution” not only validates the idea of segregation, but also denies fresh ideas, such as periodic referenda, direct internet voting, and an unabridged bill of rights the equal protection of the laws.
If “the Constitution” is valuable intellectual property, why does it require an entire army to impose it on everyone? Further, why would the army be sworn to protect “the Constitution,” at best a piece of intellectual property, rather than the women and children who live here?
And, by ring fencing “the Constitution” with representatives, Article V denies the proponents of a plebiscite the equal protection of the laws. In particular, if the people need the gov’t to concede additional civil rights, it becomes a problem if only the gov’t, which may have adverse interests, can amend “the Constitution.”
(3) It is not possible for the government to impose an unapproved Constitution (which includes an unproductive “Congress”) in a nation where the government derives its “just powers from the consent of the governed.” – U.S. Declaration of Independence.
A fresh constitution would give you the opportunity to restore your freedoms by either adopting an unabridged bill of rights or limiting the range of topics any elected representatives can bring up, debate, and vote on.