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Plenary authority, often referred to as plenary power, is a legal term for power that is complete, absolute, and unrestricted within a specific area of jurisdiction. The word "plenary" is derived from the Latin plenus, meaning "full".
When a government body or official is said to have "plenary authority" over a subject, it means their power to act on that subject is unqualified and not subject to limitations or review by another governmental branch, except as defined by the supreme law (such as a constitution).
Key Characteristics
Complete and Absolute: The authority covers all aspects of a particular issue.
Unrestricted within a Sphere: While it may be limited by a constitution, within the designated sphere, there are no further internal legal restrictions.
Wide-Ranging: The scope of power is typically interpreted broadly.
Limited Instances in U.S. Law: In the U.S. system of checks and balances, truly plenary powers are rare, as most authority is subject to some form of oversight or constitutional limitation.
Examples in U.S. Law
While total absolute power is generally avoided in the U.S. Constitution, which separates powers among branches, certain specific powers are considered plenary within their defined scope:
Presidential Pardons: The President has near-absolute authority to grant pardons for federal crimes, which cannot be typically reviewed or overturned by Congress or the judiciary.
Congressional Power over Interstate Commerce: Under the Commerce Clause (Article I, Section 8) of the Constitution, Congress has broad and plenary power to regulate trade among the states, generally precluding state interference.
Immigration and Nationality Policy: The power to establish and enforce immigration and nationality policy is largely considered a plenary power of the legislative and executive branches, with historically limited judicial review, as it is viewed as a matter of national sovereignty.
Authority over Native American Tribes: Congress also possesses broad and plenary power over Native American affairs under the Commerce Clause.
Distinction
It is important to note that the U.S. system is fundamentally based on delegated and separated powers, not unlimited authority. Therefore, claims of "plenary authority" are often subject to debate and judicial interpretation to ensure they do not violate other constitutional provisions or the division of power.
Plenary power - Wikipedia
Plenary power. … A plenary power or plenary authority is a complete and absolute power to take action on a particular issue, with no limitations. It is derive…
Wikipedia
What is plenary authority, the term Stephen Miller used on CNN
Oct 7, 2025 — What is plenary authority? Plenary authority, or plenary power, is essentially absolute power with no limitations or review. That being the case, …
WUSA9
plenary authority | Wex | US Law | LII / Legal Information Institute
plenary authority. Plenary authority is power that is wide-ranging, broadly construed, and often limitless for all practical purposes. When used with respect to…
LII | Legal Information Institute
plenary | Wex | US Law | LII / Legal Information Institute
plenary. Plenary means full, complete, or absolute. It describes authority, power, or sessions that are unqualified or unrestricted in scope. For example, a per…
LII | Legal Information Institute
What is plenary authority? Does Trump have plenary power National Guard?
Oct 7, 2025 — The definition of plenary authority is a complete and absolute power to take action on an issue without limitations, though, when used or associat…
Yahoo
plenary power | Wex | US Law | LII / Legal Information Institute
plenary power. Complete power over a particular area with no limitations. This term is often used to describe the Commerce Power of Congress. Under the Commerce…
LII | Legal Information Institute
Plenary Law and Legal Definition | USLegal, Inc.
Plenary authority refers to the complete power of a governing body. Plenary is also used to denote complete control in other circumstances, as in plenary author…
USLegal, Inc.
Yes, Stephen Miller Said Trump Had 'Plenary Authority' In A CNN …
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