As one of these people in Governance list promoting the cause, I understand the world-weariness of all the people on the different sides of the debate. But it doesn't help to believe and promote falsehoods which this article does - if you believe in false assumptions, your logic cannot result in useful conclusions. Some remarks about the early parts of this article. If I get time I'll write more.
For example, the statement "ECAF is more mature than many realize." That was true. ECAF was ready. What it wasn't ready for was a flood of cases. It was ready for a few cases. The cases and work that has been done so far has been pretty good, but any flood will drown the best swimmer.
Saying it's not true has to be compared to the alternate. There is no viable alternate as no other forum would respond as fast, and the BPs would have just dropped the ball. ECAF was as ready as it could be in the circumstances, we just miscalculated the load. And it wouldn't have mattered anyway because we and everyone else couldn't meet that load.
Next. Your implied criticism of the Constitution that there aren't the stated actions of enforcement e.g., Article I. That's exactly how it should be. If we had stated actions, the document would be 100 pages or 1000, and people would be spending all their time paying for lawyers to arbitrage it. Instead, principles should be tested by community and battled over in arbitration. Yes, it isn't a checklist. And that is a good thing, because no checklist survives society.
(BTW, I agree thatr most of the clauses in the C need to be rewritten.)
Contributions. The tiny group that worked on the C is about the same as the tiny group that worked on the code. We wanted more people to help, but we can lead the horses to water, not make them drink. It's not a mistake, it's the reality of bootstrapping a mainnet chain of this size.
As an aside, I strongly agree that the C should be short, consise, readable by maximum amount of readers. The current one is too long, and the proposal by @eosnewyork is written in american legalese.
Next. Referendum isn't the wonderful tool you hope it is. The results will be very expensive and you might be surprised: There is no democracy in EOS, and the diversity of opinion isn't clear. The opinion on some of the groups is not matched by the stakeholder value.
"v2" is internally not a constitution. For a set of rules to be rules, there has to be compulsory enforcement of the rules. Otherwise they are mere philosophies, not contracts. Because the arbitration proposal is only over DApp level, the C itself is unarbitral. Which means breaching any component of the C is uncontrolled. One could argue that the BPs will enforce it, but I wouldn't be betting anyone's EOS on that, because, you know who is going to breach the C and get away with it, right? :-)
RE: Proposal for an incremental Constitution and Dapp layer governance on EOS