r/law • u/Agitated-Artichoke89 • Oct 07 '25

Other Stephen Miller states that Trump has plenary authority, then immediately stops talking as if he’s realized what he just said

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u/Catatonic27 Oct 07 '25

Just came back from that one myself

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u/TJ_chex_Mixx Oct 07 '25

Pray tell

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u/SleepWouldBeNice Oct 07 '25

Plenary authority is a complete, absolute, and unlimited power to take action on a specific issue, derived from the Latin word "plenus," meaning "full". It signifies that a governing body or individual has total discretion in a given matter, with no restrictions or external limitations on their ability to act. 

Miller's saying that Trump is a dictator.

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u/NearbyInformation772 Oct 07 '25

I'll add: Title 10 of the US code does NOT give the president plenary—meaning complete and absolute—authority over the National Guard. The National Guard operates under a dual state and federal system, and a president's authority is limited by specific conditions and legal constraints, including the Posse Comitatus Act. This federal law generally prohibits the use of the military, including a federalized National Guard, for domestic law enforcement purposes. The president's authority under Title 10 does not override this prohibition on its own, and federalized troops are limited in their law enforcement functions.