My thesis goes below the level of laws and Constitutions. My attack is pointed at the roots of of the system. From whence comes the right of the US to dictate laws to me? From whence comes the right of the Constitution to grant any power to Congress? From whence comes the right of the voters in 1789 to grant power to the Constitution?
No one has any right to freely dictate the behavior of anyone else. Each person has the right to require that all other persons respect his rights. That's the only right anyone has to control other people. That goes for me, for you, for the voters in 1789, and hence for Congress and the US government. You can require me to respect the rights of others. To do more than that is to infringe my inalienable right to liberty.
"Whosoever, therefore, out of a state of Nature unite into a community, must be understood to give up all the power necessary to the ends for which they unite into society to the majority of the community, unless they expressly agreed in any number greater than the majority. And this is done by barely agreeing to unite into one political society, which is all the compact that is, or needs be, between the individuals that enter into or make up a commonwealth. And thus, that which begins and actually constitutes any political society is nothing but the consent of any number of freemen capable of majority, to unite and incorporate into such a society. And this is that, and that only, which did or could give beginning to any lawful government in the world." -- John Locke