You may have heard leaders mention ‘plenary authority.’ But what does it really mean in U.S. law?
You may have heard leaders mention ‘plenary authority.’ But what does it really mean in U.S. law?
In legal terms, it’s authority granted to act without needing approval or constraint from other bodies.
In legal terms, it’s authority granted to act without needing approval or constraint from other bodies.
It’s used in U.S. law to refer to powers given to Congress or the President in certain domains where oversight is reduced.
It’s used in U.S. law to refer to powers given to Congress or the President in certain domains where oversight is reduced.
One example: Congress has “plenary power” over Indian affairs — very broad authority there.
One example: Congress has “plenary power” over Indian affairs — very broad authority there.
The President’s power to grant pardons (for federal crimes) is often considered a form of plenary power — not reviewable by courts.
The President’s power to grant pardons (for federal crimes) is often considered a form of plenary power — not reviewable by courts.
But “plenary” doesn’t always mean absolute — constitutional limits, checks and balances still apply.
But “plenary” doesn’t always mean absolute — constitutional limits, checks and balances still apply.
Recently, Stephen Miller cited the President’s “plenary authority” in a debate — raising questions about scope of executive power.
Recently, Stephen Miller cited the President’s “plenary authority” in a debate — raising questions about scope of executive power.
Plenary authority may be powerful, but its boundaries are still contested. Will it redefine limits of U.S. governance?
Plenary authority may be powerful, but its boundaries are still contested. Will it redefine limits of U.S. governance?
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