I can sympathize with Henry here.
On the other hand, a Constitution that had some kind of Ombudsman built into it, would it end up being any better than our current situation?
An elected prosecutor would be interesting but from what I've seen of California's AG position, if the authority is too broad, the position ends up dysfunctional (but would Laz hit it?).
More seriously, I think that physical penalties (prison terms, death, etc.) for clearly defined crimes such as usurpation of power (whether in authoring legislation, the scope of a court ruling, or an administrative act) is what Henry was thinking. Specifically, he was very concerned with treaty law as a means of such usurpation.
“On the other hand, a Constitution that had some kind of Ombudsman built into it, would it end up being any better than our current situation?”
I’m sure Obama would appoint, and congress would confirm, only Ombudsmen who would protect ordinary citizens against the companies, unions, and NGO’s who made sure they got elected.