This isn't to contradict. It is to suggest seeking another analogy.
SNIP It is a Legal Binding Contract!
Lysander Spooner had this to say about it in 1870 or so:
Where would be the end of fraud and litigation, if one party could bring into court a written instrument, without any signature, and claim to have it enforced, upon the ground that it was written for another man to sign? that this other man had promised to sign it? that he ought to have signed it? that he had had the opportunity to sign it, if he would? but that he had refused or neglected to do so? Yet that is the most that could ever be said of the Constitution. <fn3> The very judges, who profess to derive all their authority from the Constitution --- from an instrument that nobody ever signed --- would spurn any other instrument, not signed, that should be brought before them for adjudication.
Moreover, a written instrument must, in law and reason, not only be signed, but must also be delivered to the party (or to some one for him), in whose favor it is made, before it can bind the party making it. The signing is of no effect, unless the instrument be also delivered. And a party is at perfect liberty to refuse to deliver a written instrument, after he has signed it. The Constitution was not only never signed by anybody, but it was never delivered by anybody, or to anybody's agent or attorney. It can therefore be of no more validity as a contract, then can any other instrument that was never signed or delivered.
No Treason, #6, The Constitution of No Authority, Section IV