What is Plenary Authority That Viral in the US Recently?

Liputan6.com, Jakarta Recently, plenary authority has once again come into public attention especially in the United States.

In early October 2025, White House Deputy Chief of Staff Stephen Miller made a statement that sparked significant controversy.

As reported by Hindustan Times, Miller claimed that President Donald Trump had "full authority" to deploy National Guard troops to Oregon, a move that had previously been temporarily blocked by a federal judge.

Speaking to CNN about the issue of sending the National Guard to Oregon, Trump's top aide seemed to suggest that Trump has carte blanche - absolute power to make the decision.

"Well, the administration filed an appeal this morning with the Ninth Circuit," Miller says.

"I would note the administration won an identical case in the Ninth Circuit just a few months ago with respect to the federalizing of the California National Guard under Title 10 of the US Code."

Stephen Miller didn't glitch. He said "plenary authority" and whoever was in his ear told him to STFU because he said too much and he froze like a deer in headlights. pic.twitter.com/peKvWiYFyd

— Jamie Bonkiewicz (@JamieBonkiewicz) October 7, 2025

Stephen Miller's statement about President Trump's "full authority" over the deployment of the National Guard to Oregon happened after a federal judge issued a temporary block on the deployment of troops, which was supposed to be supported by the California National Guard.

Presidential power is always limited by a system of "checks and balances," including the role of Congress and applicable legal and procedural requirements.

Miller himself cited a different legal basis, Section 12406 of Title 10 of the U.S. Code, which allows the president to federalize the National Guard.

He also noted that the administration had appealed to the Ninth Circuit and had previously won a similar case.

Plenary power or full authority is the complete and absolute power to take action on a particular matter, without any limitations.

This power comes from the Latin term plenus, meaning 'full'.

This power implies the absence of review or limitations on its exercise, giving the authority holder complete control over a particular issue or domain.

However, modern legal practice shows that courts are beginning to show less tolerance for laws based on discrimination against certain nationalities, religions, or ethnic groups, even in the context of plenary power.

In the United States, the doctrine of plenary authority has several important applications.

Congress and the President, for example, have full power to create and enforce immigration and citizenship policies.

Judicial review of this policy tends to be limited, given that immigration is considered a matter of state sovereignty.

Another example is the presidential pardon power, granted under Article II, Section 2, of the US Constitution.

The president has full authority to grant pardons for federal crimes, a power that cannot be overridden by any other branch of government.

Furthermore, Congress also holds full power over Indian tribal affairs, under Article I, Section 8, Clause 3 of the Constitution, or the Commerce Clause.

This power is exclusive and excludes states or tribes, even allowing Congress to disband tribes themselves.

This doctrine also refers to the complete authority granted to state governing bodies to legislate within their jurisdiction without limitation, derived from the Tenth Amendment to the US Constitution.