Barack Obama concisely sums it up:
It didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the Federal government can’t do to you, but doesn’t say what the Federal government or State government must do on your behalf, and that hasn’t shifted and one of the, I think, tragedies of the civil rights movement was, um, because the civil rights movement became so court focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change.
Exactly.
Imagine you are on a desert island with only one other person, and you are hungry. His negative right would constrain you from taking his food. But your positive right would compel him to give you his food.
Multiply that by millions and millions of people, and you can see how negative rights leads to exploitation of the worker, and how positive rights leads to the liberation of the worker.
And that is one of the biggest problems with Amerikkka's KKKonstitution. That is, the warped concept of "negative liberties" constrains the government. It says that the government has no right to help its people. That the people lack the positive right to demand what they need.
So, the new constitution must be reformulated with positive liberties. That is, the right of the people to get what they need. To demand food, shelter, clothing, healthcare, education, a media free of fascist thought, a world without Zionism, etc.
In short, a proper constitution would be an living and breathing orgy of emotional eruptions that would satisfy the peoples' cries for social and economic justice.
Remember: If something, anything, is demanded, then someone else ought to be compelled to provide it. It is your positive right that makes this happen.
God Damn Amerikkka! God Damn the Amerikkkan KKKonstitution!