Perhaps most likely is that the Constitutional Convention, in eyes of some anti-Federalists, did not have the legal authority to convene and propose a new Constitution.
As the National Archives describes: “Some continued to argue that the delegates in Philadelphia had exceeded their congressional authority by replacing the Articles of Confederation with an illegal new document.” [1]
Because (i)the Articles of Confederation required a unanimous vote to alter it, (ii) the Constitutional Convention was only empowered to propose alterations to the Articles and (iii) the Constitution, as adopted, broke the “unanimous vote required for alterations” rule, these anti-Federalists, and perhaps Gödel, felt the US Constitution was not established on firm legal footing. [2, 3, 4]
The obvious answer — that the government derives its just consent from the governed, and should they choose to alter it, accept it in democratic votes in each of the states, and abide by it, it becomes both de jury and de facto law — is the superior one, IMHO.
You raised a very interesting meta-question. Not that it's of any practical significance 200 years later, but the Articles of Confederation are very much an important part of US history.
As the National Archives describes: “Some continued to argue that the delegates in Philadelphia had exceeded their congressional authority by replacing the Articles of Confederation with an illegal new document.” [1]
Because (i)the Articles of Confederation required a unanimous vote to alter it, (ii) the Constitutional Convention was only empowered to propose alterations to the Articles and (iii) the Constitution, as adopted, broke the “unanimous vote required for alterations” rule, these anti-Federalists, and perhaps Gödel, felt the US Constitution was not established on firm legal footing. [2, 3, 4]
The obvious answer — that the government derives its just consent from the governed, and should they choose to alter it, accept it in democratic votes in each of the states, and abide by it, it becomes both de jury and de facto law — is the superior one, IMHO.
[1] http://www.archives.gov/education/lessons/constitution-day/r...
[2] http://www.usconstitution.net/constfaq_q91.html
[3] http://en.wikipedia.org/wiki/Timeline_of_drafting_and_ratifi...
[4] http://en.wikipedia.org/wiki/Anti-Federalism