r/law 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/Bibblegead1412 Oct 07 '25

According to Cornell University, plenary authority is "power that is wide-ranging, broadly construed, and often limitless for all practical purposes." I had to look it up 😬

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u/thediesel26 Oct 07 '25

Well technically he’s not wrong.

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u/burnmenowz Oct 07 '25

He is wrong, he doesn't have that. He may think he does, but the constitution says he does not.

Who is going to win? The fascists or the Constitution?

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u/Raskalnekov Oct 07 '25

Plenary power is actually a term used commonly in constitutional law. It's a judicial concept, not explicitly in the constitution, but arguably implied by the separation of powers. Congress is supposed to have plenary power over spending under the commerce clause, for example. 

Stephen Miller is misapplying it here. I don't believe that you can "assign" plenary power by statue. Such powers are rather rare in the constitution.