[declan]

At the very least I presume you'd acknowledge that the U.S. Constitution lists crimes including treason, counterfeiting, and piracy. I can't think of a more canonical way to "govern the people" than a state actor specifying criminal sanctions that can include the punishment of death...

[diggernet]

Yes, it lists them, but not in the context of defining crimes or punishments. It is granting to the new government the authority to define, determine the punishment for, and prosecute those crimes. In other words the document does not "govern the people", it, as part of defining the new government, grants it (limited) power to govern the people. But still subject to the future whims of the people. Get enough people to agree, and you can remove the authority to punish treason.

[diggernet]

Oh, I will acknowledge that the 18th had no business being in the Constitution. Thankfully, that mistake was corrected.