The Constitution of Practice

by Marc O. Degirolami

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.

184 pages, Paperback

Published August 20, 2026

Reviews

[martyn benny]

The Constitution of Practice: On Law and Tradition offers a compelling and intellectually ambitious examination of one of the most enduring questions in constitutional theory: what role should tradition play in shaping constitutional interpretation and democratic governance?

What immediately stands out is Marc O. DeGirolami's willingness to move beyond contemporary legal debates to examine the deeper cultural and philosophical foundations of constitutional practice. Rather than treating tradition as merely historical inheritance, he presents it as a living process through which political communities preserve, transmit, and renew their constitutional values across generations.

One of the book's greatest strengths is its balanced engagement with competing perspectives. DeGirolami carefully addresses criticisms of traditionalism while exploring its relationship to constitutional interpretation, democratic legitimacy, and institutional trust. The result is a nuanced argument that encourages readers to think critically about both the strengths and the limitations of constitutional traditions.

I particularly appreciated the book's contemporary relevance. At a time when confidence in public institutions continues to decline across many democracies, the discussion of civic attachment, institutional continuity, and constitutional culture feels especially important. The work contributes meaningfully not only to legal scholarship but also to broader conversations about democratic resilience.

Rigorous, thought-provoking, and highly relevant, The Constitution of Practice is essential reading for constitutional scholars, legal philosophers, political theorists, historians, judges, policymakers, and anyone interested in the future of democratic constitutionalism.