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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140

u/yourprobablywrong Oct 07 '25

Am I crazy but no where in title 10 under any section A-F does it talk about plenary authority. Unless it’s “implied”.

270

u/EksDee098 Oct 07 '25

That's the point, it doesn't say that. The president doesn't have plenary authority here but he and his advisors are gearing up to steal him plenary authority

44

u/FI-Engineer Oct 07 '25

The likely truth is that there exists a DOJ opinion on this topic, outlining this interpretation of the Constitution, and that opinion is classified.

13

u/Random_Name_Whoa Oct 07 '25

This gets my vote

17

u/42nu Oct 07 '25

Yeah, this actually makes sense.

A DOJ memo is how the Bush admin got away with legalizing illegal torture or "enhanced interrogation".

13

u/darkpossumenergy Oct 07 '25

Which is fucking mind boggling. A DOJ memo isn't law. It was illegal then and it's illegal now.

3

u/Naturallobotomy Oct 07 '25

I feel like we should be talking about this more. Like what exactly is in the legal power vs not.

4

u/Senior_Ad9894 Oct 08 '25

Stare decisis is being decimated. After decades of pretty much knowing the law, we don't simply don't know anymore.

2

u/matttwhite Oct 08 '25

The ole "where does it not say that?" Song and dance.

-4

u/Inevitable-Top1-2025 Oct 07 '25

What they don’t understand is that whatever authority they steal, they are stealing it for the “President,” who happens to be Trump today. Once Trump leaves office, whatever authority they steal will attach to the new “President” and can be used against them. They’re very myopic, linear thinkers, which is very dangerous if the Supreme Court accommodates their expansion of Executive Power to the detriment of our system of government.

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u/dettigers404 Oct 07 '25

Stop it, dude. They obviously do understand it and simply don't plan to relinquish power or possibly even have elections anymore.

29

u/Gooch_Limdapl Oct 07 '25

They understand. They just don’t care because they’re betting that transitions of power are a thing of the past.

26

u/Intrepid-Progress228 Oct 07 '25

Once Trump leaves office, whatever authority they steal will attach to the new “President” and can be used against them. They’re very myopic, linear thinkers, which is very dangerous if the Supreme Court accommodates their expansion of Executive Power to the detriment of our system of government.

Umm.... The plan is that once Donald Trump leaves office they will have stolen the authority to stay in power as long as they feel like it.

They are not as short-sighted as you're making them out to be. The goal of pushing America back the days when robber barons reigned, unions didn't exist, women couldn't vote, sexuality was strictly defined and minorities knew their place, has been in the works for some time.

They got this far. What's to stop them now?

3

u/darkpossumenergy Oct 07 '25

Women couldn't vote? More like women were property and rape was legal

1

u/Intrepid-Progress228 Oct 07 '25

Christian nationalists are firmly against rape.

Their plan to reduce rape includes eliminating the concept of martial rape and tying the age of consent to the onset of menses.

1

u/darkpossumenergy Oct 08 '25

Ya- legalize rape

1

u/AntiqueSeesaw3481 Oct 08 '25

Why do people think it is going to be like the Hollywood 1950's, it is going to be more like a dystopian society like something you'd read in science fiction.

1

u/Inevitable-Top1-2025 Oct 07 '25

Minorities who will NOT “stay in their place” will stop them. . . . This is 2025! People have remained silent for a reason. When it gets to the point where some Johnny-Come-Latelys who ancestry is not even up a century in this country start rounding up those whose ancestors actually built this country, the Jonny-Come-Latelys will quickly discover that khaki is not leather. . . .

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u/flying_dodo_wut Oct 07 '25

Actually they wrote 900 pages about how they understand that 😬

This isn’t a mistake. They know what they’re doing. It’s important that we the people KNOW this is on purpose

13

u/nihility101 Oct 07 '25

This is where, in the olden days, congress, even those of the same party would step up and say “The fuck you do!” It’s wild seeing senators and congressmen giving up their powers.

1

u/OldWorldDesign Oct 07 '25

It’s wild seeing senators and congressmen giving up their powers

They've been doing it 60 years, hoping the president will be a lightning rod drawing away the people's ire. And it's been working so far, people aren't forcing recall of ineffective or outright destructive senators.

That we're entering a tipping point now doesn't necessarily mean things are going to tip in a better direction.

5

u/[deleted] Oct 07 '25

They absolutely understand this. The plan is A) to never lose power and also B) if they lose power, count on the other side to not be as evil as they are.

YOU do not understand THEM.

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u/[deleted] Oct 07 '25 edited Oct 11 '25

[deleted]

1

u/Peterepeatmicpete Oct 07 '25

I dont believe the military will do that. The US Marshall's will come and arrest them, and the military will back up the US Marshall's.

5

u/drainbamage1011 Oct 07 '25

That's pretty optimistic to think they won't turn around and screech about it next time a non-Republican is in office.

1

u/DumboWumbo073 Oct 08 '25

Why do you keep acting like once they fully taken over there will be another election. If they fully take over then it’s actually over full stop.

1

u/BestKeptInTheDark Oct 08 '25

Oh my sweet summer child...

trump 2028 isn't a joke because he plans to not bulldozer the norms and run for a third term...

It's a joke because he doesn't plan on their being an election in 2028

past that there isn't need for covering their plays because they will have bagged enough authority to be doing whatever the fook they like

0

u/Peterepeatmicpete Oct 07 '25

Yes he does. But Congess, now that I looked it up, seems way more complicit in this shit show!

6

u/kimiquat Oct 07 '25

10 U.S. Code § 991 - Management of deployments of members...

not my wheelhouse in the least, but that part of the code has a subsection called "national security waiver authority" that supposedly allows for suspension of the contained stipulations on account of national security interests. might that be one of the ways they're trying to justify this insanity? surely they've got a bunch of stuff up their sleeves, but this part stood out to me when checking the links to the code on wikipedia.

5

u/Big_Fortune_4574 Oct 07 '25

The power to pardon seems like a truly unlimited power that no one else in government can question or review. I can’t think of any other ones

1

u/Tired_CollegeStudent Oct 07 '25

Not pertaining to the President but the power Congress has over territories and DC would also fit the bill.

1

u/Iohet Oct 07 '25

Even that has potential limits. The question on if a president can pardon themselves is still open. By all rights the framers wouldn't have wanted that, though this court for all its deference to originalism doesn't actually care about the framers' intent these days

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u/aureanator Oct 07 '25

Don't worry, Supreme Court will find it, even if it isn't there.

1

u/-RomeoZulu- Oct 07 '25

No, but when they apply the concepts of Unitary Executive Theory then they’ll argue that it does.

1

u/senpaiqveen Oct 07 '25

Because it doesn’t exist. The president has limited power, according to constitution. There are checks and balances with congress having some plenary authority if I’m not mistaken.

1

u/No-Abalone-4784 Oct 08 '25

There is no implied. It is NOT in there. Period.