The constitution of the United States of America was created for a world in the 18th century, where the major threats were the British empire, canons, rifles, armadas, and it was built around ideals like the second amendment, a country of sovereign people that could withstand the pressure from the old world.

That worked well up until the advent of nuclear weapons, a time when the power balance shifted. Like Marshal McLuhan said, the human species is a cybernetic species, with augmentations, external tools in the form of technology, that reshape what the human species is. Fire, stone tools, wheels, electricity and computers, all re-define what it is to be a human being, and so to with nuclear fission.

The coup in the USA in 1963, a regime-shift that set in place a "shadow government" that is still in power, marks the end of an era and the beginning of a new. The reason that it has not been able to be resolved by the US constitution, is because the world became a global society when nuclear weapons entered the stage, and a global society needs new rules, broadly defined by Paul Emile de Puydt in 1860 as Panarchy (from pan and archy), networked culture, voluntary relationships that are able to re-organize and adapt in feedback with a living, organic environment.

Synapses

The web 3.0 jurisdiction, a brief history of the network-state - Steemit.com

Rule-of-law 2.0 - Towards a definition - blog.bitnation.co