This Essay continues a discussion on the authority of courts, executives, and legislators to govern nations where the law diverges from necessity or morality. In a previous Comment, P. Elise McLaren, Answering the Call: A History of the Emergency Power Doctrine in Texas and United States, 53 St. Mary’s L.J. 287 (2022), I asked whether necessity or emergency ever supersedes the law, i.e., whether “emergency powers” exist. In this Essay, I ask whether the government is held accountable to a force other than the people themselves, namely, religious influence. As was done with respect to emergency powers, I ask whether a religious influence is beneficial, detrimental, or neutral, and secondarily whether it is necessary.
St. Mary's University School of Law
Heather C. Montoya
Elise McLaren Villers,
The Divine Right of Judges: How Christian Thought Shaped the American Judiciary,
St. Mary's L.J.
Available at: https://commons.stmarytx.edu/thestmaryslawjournal/vol54/iss3/3