Lessig argues that the Original Internet Architecture&tm serves as a consitution to limit any and all efforts to enhance, modify, or extend the Internet, all networks attached through the Internet, and all networks that provide accesss to the Internet. But he’s not very clear about where and when this Original Architecture was written, and why it’s more important than all the work on network design that preceded its moment in history or followed it.

Judging by the importance he attaches to end-to-end error detection, flow control, and recovery, I’d guess he’s focussed on the 1982 TCP/IPv4 rollout, and not on the ARPA-Internet that preceded it or the IPv6 network that’s rolling out now. Trouble is, of course, IPv4 was largely a reactionary move driven by one bad experience sloppy programmers at MIT had with a bad memory board in one IMP, and not really a rational, comprehensive, and scalable architecture. And to compound the problems, IPv4 was tailored to timesharing systems connected to each other by 56Kb/s modems serving users on glass Teletypes attached at 300 baud, and we live in a very world today. If we have to make analogies to government, the TCP/IP Internet was the “Articles of Confederation”, not a workable system.

The Internet doesn’t have a constitution, it’s never had one, and it never will, so we have to find some other way to guide public policy on Internet regulation than to pretend the Easter Bunny exists.

… the Internet is actually a tool and not a spiritual essence from a higher reality, …

This is EXACTLY what Lessig is saying!

Of course, many of us want a tool optimized for citizen use, as opposed to business use, and you’re arguing over that.
But that’s a very standard argument, and there’s little point to repeating it.