The primary flaw in the notion of constitutional constraints on government power is that the very nature of any political government is monopoly.
As such, the state only recognizes itself as a valid interpreter of a written constitution and it recognizes no accountability process it might be beholden to apart from the ones it establishes.
This means that any government is basically just racketeering. While the whole point of a written constitution was supposed to be a “rule of law” rather than “rule by men”, any political government must necessarily be conducted by people who are improperly vested with a monopoly of law. A political state, by definition, recognizes no law outside of its control which it is beholden to — and is thus a lawless entity.
If one truly wants “law and order”, one must support the anarchist conception of polycentric law, or free market law, so that there might always be independent legal recourse available.
- No Treason: The Constitution of No Authority (Lysander Spooner)</a
- VIDEO: I’m Allowed to Rob You (Larken Rose)
- Chaos Theory: Two Essays on Market Anarchy [PDF]