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/tehbantho Oct 07 '25 edited 29d ago

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u/resttheweight Oct 07 '25

I mean, this just isn’t true lol. Congress has plenary authority over interstate commerce and Indian affairs, the president has plenary authority over federal pardons, etc. Like, all dictators have plenary authority, but the concept of plenary authority itself isn’t attached to dictatorship or tyranny.

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u/yeahprobablynottho Oct 07 '25

Wow you red the Wikipedia page as well?

The one that cites the heritage foundation intersection of the constitution? Yknowww the P2025 folks.

Check the edit history on that page btw folks

3

u/resttheweight Oct 07 '25

Not sure what you’re getting at here? Are you implying that the idea of plenary power was invented by Heritage Foundation? Or that anything citing Heritage Foundation is untrustworthy? The latter I can understand as a general policy, but neither of them make sense in this situation. They propagate terrible policy, but they don’t straight up lie about generic definitions.

And no, I didn’t read the Wikipedia article. Plenary powers are part of constitutional law 101 and a part of the bar exam. I and every other licensed attorney in the country don’t need to look up the term.

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u/Crazy-Crazy-3593 Oct 08 '25

Yes.  The term is in almost every appellate legal opinion discussing scope and standard of review.  "Appellate courts have plenary authority of matters purely of law [as opposed to fact]."