As anarchists, we find ourselves in an environment run by statists who attempt to get away with all manner of illegitimate actions and policies. For us, those acts and policies are not illegitimate because they are inconsistent with the state’s own internal rules. We believe there are no rules that can justify the state or its coercive actions.
Think of anarchist constitutional scholarship as counter-intelligence and strategic analysis. For example, the CIA was intensely interested in the internal disputes and intrigues of the Soviet Kremlin. This wasn’t because they were rooting for one side over the other as a matter of justice or morality. It had more to do with trying to predict future policies and acts of that government ..
I suggest anarchists think about constitutional law in a similar way. There may be broad, abstract principles of justice and reason embedded in the constitution. But they have little to nothing to do with how the state realizes its own power. We consider the exercise of that power to be a problem regardless of its adherance to an over two hundred year old document. So we should try to predict the political zeitgeist and foresee threats to ourselves and our communities, analyzing these matters in cold, calculating terms rather than in an outraged, indignant matter ..
To flip von Clausewitz’s aphorism, politics is the continuation of war by other means. Anarchists should regard constitutional politics as nothing less.