[I]n writing a new constitution, we can easily deprive the government(producers of commons) and the judiciary(adjudication of law) of the ability to make law. The only laws that can possibly exist are those that prohibit a means of free riding (parasitism/imposing costs). And those laws must be found (discovered), theorized.
Conversely, all positive rights can only possibly exist as contractual provisions in matters of exchange. The justness of contracts is something that we know how to do, and have done throughout our history.
Now we can, each of us, either negotiate directly, or grant to some person, or some party, the right to negotiate contracts on our behalf. And to be bound by the contract that they negotiate.
But in no case can I make a contract (a negotiation) that is unlawful – imposes involuntary transfers, or externalizes involuntary transfers. Nor can I engage in deceit in such contracts, by means of verbal obscurantism (non-operational language, or in violation of strict construction, or its quantitative equivalent laundering and pooling (money).