First, thanks to this author for an interesting and provocative article.

Our Constitution does two things: it embodies a philosophy of government and it lays out the structure and sanctioned functioning of a central government in a federal system based on that philosophy. I would retain the parts related to the structure and functioning of the central government. I would ditch the rest, replacing it with a new 'ethic of justice' (a requirement to respect others, i.e., all taking all others into account as we live our separate lives together in this world). That would be the new philosophical foundation for the government--and the explicitly democratic political process. With this ethic 'conditions of justice' replace 'rights' for us to govern ourselves as individuals; all else related to governance is decided in the political process.

If curious for more about this ethic of justice: "Equality Is All We Need" (here in Medium, but not behind the paywall).