Law’s Culture: Conservatism and the American Constitutional Order

This article argues that most contemporary analysts, whether claiming allegiance to the ideological left or right, misunderstand the nature and especially the fundamentally cultural character of American constitutionalism. Beginning with an explication of American “cultural” conservatism as presented by thinkers such as Russell Kirk, the author proceeds to an analysis of the bases of the American constitutional order emphasizing the role of history in the formation of its structures and normative traditions in their maintenance and enforcement.