At http://fff.org/2015/04/01/constitution-bill-rights-failed-experiment/
Jacob Hornberger argues that the Constitution has done what it was designed to do. It is the vast majority of the American People that have failed by supporting the welfare/warefare state.
Excerpt:
So, why didn’t the Constitution and the Bill of Rights protect us from the getting a welfare-warfare state?
Consider a sea wall, one that is designed to protect a community from extremely high tides. It works for 100 years, keeping extremely large tides, including those caused by hurricanes, from reaching the community, which remains high and dry for a century.
But one day, a tsunami hits. The wave is so enormous that it easily overcomes the sea wall and inundates the community, destroying property and killing dozens of people.
Can we say that the sea wall failed? No, because the sea wall was never designed to withstand a tsunami. It was designed only to keep out high tides, which it succeeded in doing for 100 years.