The thing is: If it’s not in the Constitution you can do it. The Constitution doesn’t prevent, it allows - limits what the government can/can’t do, not the citizens.
In America, where a democratic constitution has already been established, the communists must make the common cause with the party which will turn this constitution against the bourgeoisie and use it in the interests of the proletariat …This has been the view the left has of the US Constitution since the late 1840s. Just a means to an end.
— The Principles of Communism