Plenary power

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A plenary power or plenary authority is the complete power of a governing body. The concept is also used in legal circles to define complete control in other circumstances, as in plenary authority over public funds, as opposed to limited authority over funds that are encumbered as collateral or by a legal claim. It is derived from the Latin term plenus ("full").

[edit] Plenary power in US law

In United States constitutional law, plenary power is a power that has been granted to a body in absolute terms, with no limitations on how that body may use the power. The assignment of a plenary power to one body divests all other bodies from the right to exercise that power.

A clear example of this is with the power of the United States Congress under the Article I, Section 8, Clause 3, (the Commerce Clause). Because Congress is granted absolute power over interstate commerce, the Supreme Court has found that states may not pass laws that affect interstate commerce - unless the U.S. Congress gives them permission to do so.

The plenary power of the U.S. Congress, or of other sovereign nations, allows them to pass laws, levy taxes, wage wars, and hold in custody those who offend against their laws. While other legal doctrines, such as the rights of states and of individuals, are held to limit the plenary power of Congress, Chief Justice William Rehnquist said the idea of limited federal powers is "one of the greatest 'fictions' of our federalist system" (Hodel v. Virginia Surface Mining & Reclamation Association, 1981). A good example can be seen in U.S. v. Kagama, where the Supreme Court found that Congress had complete authority over all Indian affairs.