What is a plenary authority?

One quick sentence from Wiki, but there's a ton of references if you want a deeper dive:

There are very few clear examples of such powers in the United States, due to the nature of the Constitution, which grants different, but at times overlapping, roles to the three branches of federal government and to the states.

 

Plenary authority is power that is full, complete, and unrestricted, typically used in reference to governing bodies or specific legal matters. The term comes from the Latin plenus, meaning "full". In the context of U.S. government and law, this authority is often referred to as "plenary power".

Key applications in U.S. law

Immigration

• Congressional authority: The plenary power doctrine grants the U.S. Congress and the President expansive authority to create and enforce immigration and nationality policy.
• Judicial deference: Rooted in the concept of national sovereignty, this doctrine traditionally allows for limited judicial review of immigration policy. For over a century, courts have largely deferred to the political branches, though this has led to some discriminatory policies surviving legal scrutiny.
• Ongoing scrutiny: More recently, judicial deference has been tested, and some scholars and activists argue against the notion that constitutional values can be ignored in immigration policy. For example, the Supreme Court has pushed back against some broad claims of executive authority in national security cases involving non-citizens.

Native American affairs

• Federal control: The plenary power doctrine asserts that the federal government, and specifically Congress, has complete authority over Indian affairs, often overriding tribal sovereignty and state laws.
• Historical context: This doctrine was established through Supreme Court rulings in the 19th century and has led to tensions with tribal leaders who view it as a hindrance to self-governance.
• Contemporary relevance: The doctrine continues to impact modern legal battles regarding tribal land rights, resource management, and self-determination.

Commerce clause

• Complete power: The U.S. Constitution's Commerce Clause (Article I, Section 8, Clause 3) grants Congress plenary power to regulate commerce among the states.
• Limits on states: This means states cannot pass laws that affect interstate commerce without congressional permission.

Guardianship

• Total control: Outside of government, plenary authority can describe the full control granted to a guardian over an incapacitated person.
• Extensive responsibilities: A plenary guardian can make all legal, financial, and medical decisions for the individual, highlighting the scope of this type of authority.

Recent legal developments and context

• Executive orders: The use of broad executive action by presidents, often challenged under the plenary powers doctrine, has led to a number of significant Supreme Court cases.
• High-profile cases: The Supreme Court docket for its 2025 term includes cases that will touch on the limits of presidential power, such as the authority to fire officials on federal boards and impose tariffs.
• Continued debate: The scope of plenary authority remains a subject of ongoing legal debate, with critics highlighting its historical use to justify discriminatory actions and its potential for conflicting with constitutional rights.

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Rocket River

 

Stephen Miller either got his ass kicked too much or not enough in school. Hard to tell which.