What is tradition in American constitutional law, and what is its enduring appeal in American culture? In The Constitution of Practice, Marc O. DeGirolami presents and defends his theory of constitutional law, one rooted in our political, legal, and cultural experience. He argues that constitutional traditions are the ways in which we manifest, give concrete form to, and transmit political excellence across time. He explains how traditions also bind us to one another, strengthening the civic affection necessary to a democratic republic. Responding to several criticisms, the author discusses the relationship of constitutional method and American politics, evaluating traditionalism's political adhesion and its prospects in the coming decades. At a time when Americans increasingly do not trust their institutions, DeGirolami explores how a traditionalist approach to the Constitution can begin to repair the disaffection that many now feel for their legal institutions.

‘Across a range of vital subjects, the Supreme Court has been spurning modern constitutional tests and formulas and insisting instead on a return to ‘history and tradition.’ But what is tradition, why should it be authoritative, and how can it be used in practice? In this thoughtful and timely book, Marc DeGirolami offers the most penetrating analysis to date of these urgent questions. For anyone who cares about the Court, the Constitution, and where they (and thus we) are going, this book is necessary reading.’

Steven Smith - Warren Professor of Law (retired), University of San Diego School of Law

‘Tradition has grown increasingly important in American jurisprudence, yet its precise meaning has somehow remained out of reach. In this profound and beautifully written book, Marc DeGirolami illuminates the nature of tradition, and its application in the law, by showing that tradition sits at the nexus of theory and practice - tying them together by elevating and constraining both. This book is an instant classic.’

Yuval Levin - author of American Covenant

‘The Constitution of Practice offers a powerful framework for understanding how constitutional law draws authority from the enduring practices of the American people. DeGirolami's account illuminates why tradition matters not merely as precedent but as a vehicle for political excellence - with profound implications for ongoing debates over how courts should interpret our foundational freedoms.’

Stephanie Barclay - Georgetown Law School

‘The role that tradition plays in interpreting the Constitution is one of the most pressing questions in American law today. In his earlier scholarship, Professor DeGirolami anticipated this traditionalist turn in the Supreme Court's jurisprudence. In The Constitution of Practice: On Law and Tradition, he not only consolidates that work but advances this line of thought, offering a magisterial, incisive, and delightfully readable argument for the role of tradition in American constitutional law. His argument will challenge both originalists and their usual critics and offers something rare in constitutional legal scholarship: a genuinely fresh approach. As a twist, this new entrant in debates about constitutional interpretation emphasizes the importance of the enduring and familiar, the tried and true.’

Jeffrey Pojanowski - University of Notre Dame

‘The Supreme Court’s recent focus on tradition makes this book timely. But the relationship between law and tradition is far too large and complex to entrust to the limited capacities of judges. Marc DeGirolami’s book gives this subject the wide-ranging, thoughtful, culturally rich treatment it has deserved but not received, balancing the value of innovation with the importance of an enduring attachment to craft, care, and excellence. Whether you ultimately agree with it or not, you will find it a far more profound account than anything the Justices have yet offered.’

Paul Horwitz - University of Alabama School of Law