Abstract

Modern constitutional scholarship tends to focus exclusively on the role of the judiciary in the development of constitutional law. Recognizing that this "court-positivist" outlook leaves substantial gaps in constitutional literature, the authors turn their scholarly attention to legislative and executive contributions to the field. The subject of their inquiry is U.S. Senator Orrin G. Hatch, who has chaired the Constitutional Subcommittee of the Senate Judiciary Committee, and who is one of the Senate's most recognized constitutional commentators. The authors interviewed Senator Hatch about his positions on various issues in constitutional law and theory, and annotated the interview extensively to analyze the Senator's published and unpublished statements on the same subjects. The result is a fascinating portrait of the Senator who has been called "Mr. Constitution in the Senate," and a significant step toward a new body of constitutional scholarship that will truly recognize the tripartite nature of our federal constitutional system.

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