In a recent op-ed in the New York Times, Georgetown Law professor Louis Michael Seidman suggested that America give up on the Constitution.

He wrote, “The obsession with the Constitution has saddled us with a dysfunctional political system … Instead of arguing about what’s to be done, we argue about what James Madison may have wanted 225 years ago.”

Fox News Senior Judicial Analyst Andrew Napolitano reacted on Fox and Friends. While the judge acknowledged that Seidman is a well-respected legal scholar, he thinks his argument is off here.

“Think of it this way – the purpose of the Constitution is to govern the government, to restrain it, to make sure Congress writes the laws, the president enforces the laws, the courts interpret the laws.” Without the Constitution, Napolitano argues personal liberties would die because the government would have too much control. He says that it’s a “brilliant” document that “assures that too much power won’t end up in one place.”

He concluded, “The Constitution is the supreme law of the land. If you want to amend it, amend it, but you can’t overlook it.”