You may be interested in "On Constitutional Disobedience" by Louis Michael Seidman (http://www.amazon.com/On-Constitutional-Disobedience-Inalien...). He wrote a NY Times piece which is the short version of his argument around when the book came out, "Let's Give Up on the Constitution": http://www.nytimes.com/2012/12/31/opinion/lets-give-up-on-th...

Seidman is a professor of constitutional law at Georgetown.