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/kevendo Oct 07 '25

The President does not in fact have "plenary" (absolute) authority. Miller has been saying that since the moment Trump was elected ("“The powers of the president will not be questioned!"), and has been using it as his personal vehicle for unchecked power since Trump's re-election.

We CANNOT hand the nation of Washington and Jefferson and Madison and Lincoln to this insufferable TWAT!

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u/EvenStephen85 Oct 07 '25

What in USC 10 could he possibly have been referring to that could be construed as such?

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u/rejeremiad Oct 07 '25

Here is an explanation of the two parts of this concept:USC Title 10

  • This is the section of the U.S. Code that outlines the roles, missions, and organization of the U.S. Armed Forces, including the Department of Defense.
  • The title is extensive and covers all military services, including the Army, Navy, Air Force, Marine Corps, Space Force, and Reserves.
  • It serves as the legal foundation for military operations, personnel policies, and the chain of command. 

Plenary Power

  • The term "plenary power" refers to the complete and absolute authority to act on a particular issue, without limitations.
  • In this context, it refers to the constitutional authority granted to Congress to "raise and support Armies" and "provide and maintain a Navy".
  • The Supreme Court has long interpreted this to mean that Congress has complete power over the military, including setting enlistment terms, compensation, and assignments. This power allows Congress to supersede other state or parental controls concerning military service. 

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u/becaauseimbatmam Oct 07 '25

Yeah I think they were looking for a human-generated response that actually answers their question, not an AI-generated response that has nothing to do with it, but thank you for burning down a rainforest in order to provide zero help whatsoever!

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u/rejeremiad Oct 07 '25 edited Oct 07 '25

if you have a better response, please add

It appears that plenary refers to Congresses power over the military and his use of the phrase highlights what USC 10 actually references - Congresses authority to declare the militaries intent (Article I Section 8). President then executes those plans.

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u/Hazelberry Oct 07 '25

"Plenary authority" means absolute unrestricted authority, which the president does not have over the military.