"He said: 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. Actually, it didn't quite win. As I understand it (and lawyers, please correct me) the administration won a temporary stay on a temporary injunction against federalizing the California national guard in Los Angeles."
"Plenary authority, or plenary power, means absolute, unlimited, and unchecked power. The power of a king. The power of Caesar, of Hitler, of Stalin. Title 10 of the US Code, which covers the structure and laws of the military, refers little to the president, and most of that is about appointing secretaries and submitting a budget to Congress. There's nothing in the code that remotely suggests absolute presidential power."
During a televised exchange, Stephen Miller suggested the president possessed "plenary authority" to federalize state National Guard units but stopped mid-sentence. The administration had appealed a federal judge's injunction blocking National Guard deployment to Oregon and cited a recent Ninth Circuit action regarding California. That Ninth Circuit action produced only a temporary stay of a temporary injunction, not a definitive victory. "Plenary authority" denotes absolute, unlimited, unchecked power. Title 10 of the U.S. Code mostly addresses military structure, appointments, and budgeting and does not grant absolute presidential power. The Constitution provides only one unchecked presidential power: the pardon.
Read at www.theguardian.com
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