A constitution is not the act of a government, but of a people constituting a government; and government without a constitution is power without a right. All power exercised over a nation, must have some beginning. It must be either delegated, or assumed. There are not other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either.
Thomas Paine, Mark Philp (2008). “Rights of Man, Common Sense, and Other Political Writings”, p.238, Oxford University Press