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babylonsister

(172,404 posts) Fri Oct 10, 2025, 09:51 AM Friday

Stephen Miller said Trump has 'plenary authority'. What does that mean?

Stephen Miller said Trump has ‘plenary authority’. What does that mean?
White House deputy chief of staff had an odd pause during a CNN interview when asked about the president’s power to deploy national guard troops
George Chidi
Thu 9 Oct 2025 14.48 EDT

snip//

What is “plenary authority”?

The Legal Information Institute of Cornell’s law school defines “plenary authority” as “power that is wide-ranging, broadly construed, and often limitless for all practical purposes”.

It is most often applied to legislative bodies, as when government chooses to levy a tax or expend revenue. Lawmakers do not need to refer to the courts or a higher federal power for authorization to act when they have plenary authority over a matter.

What was Stephen Miller referring to when discussing plenary authority?

Miller had just been asked a question about the president’s legal authority to deploy federalized national guard troops. Miller’s initial response was to cite title 10 of the federal code, and then to assert that this gives the president plenary authority to direct those troops as he sees fit.

Title 10 is the general military law of the armed forces. While it does not use the term “plenary authority” or “plenary power”, the administration relies on its text to assert wide-ranging authority to use the military. The executive also relies on article II section two of the US constitution which states: “[t]he President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.”
Does the president actually have plenary authority over the military?

Not really.

more...

https://www.theguardian.com/us-news/2025/oct/09/what-does-plenary-authority-mean-stephen-miller-trump