Maybe he means it's not currently acting as the law of the land because of abuses like the above proposal?
Discussion
I mean that all governments are illegitimate, that the government in the U.S. is not the one described in the Constitution, and that the one described in the Constitution would be illegitimate anyway because that document is not legally binding on anyone. Read Lysander Spooner's No Treason for a legal defense of this fact.
Thanks for the rec