Stephen Miller said Trump has plenary authority'. What does that mean?

"The Legal Information Institute of Cornell's law school defines plenary authority as: power that is wide-ranging, broadly construed, and often limitless for all practical purposes. It is most often applied to legislative bodies, as when government chooses to levy a tax or expend revenue. Lawmakers do not need to refer to the courts or a higher federal power for authorization to act when they have plenary authority over a matter."

"Miller's initial response was to cite Title 10 of the federal code, and then to assert that this gives the president plenary authority to direct those troops as he sees fit. Title 10 is the general military law of the armed forces. While it does not use the term plenary authority or plenary power, the administration relies on its text to assert wide-ranging authority to use the military."

A technical glitch caused Stephen Miller to pause during a CNN interview when he referenced the president's plenary authority. The term plenary authority is invoked as a subtext for efforts to assert broad, legally unassailable presidential power over military and other government functions. The Legal Information Institute defines plenary authority as power that is wide-ranging, broadly construed, and often limitless for practical purposes, commonly applied to legislative actions like taxation or spending. Miller cited Title 10 and asserted that it gives the president plenary authority to direct federalized National Guard troops. Title 10 does not use the term, but the administration also relies on Article II's Commander in Chief clause. Jennifer Elsea published a Congressional Research Service primer in December 2024 on the debate over presidential military authority.

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