|
A plenary power or plenary authority is the separate identification, definition, and complete vesting of a power or powers or authority in a governing body or individual, to choose to act (or not to act) on a particular subject matter or area. The concept is also used in legal contexts 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"). ==United States== In United States constitutional law, plenary power is a power that has been granted to a body in absolute terms, with no review of, or limitations upon, the exercise of the power. The assignment of a plenary power to one body divests all other bodies from the right to exercise that power, and where not otherwise entitled; also, the right to substantively review the exercise of that power in a particular instance or in general. There are very few clear examples of such powers in the United States, due to the nature of the Constitution, which grants different, but at times overlapping, roles to the three branches of federal government, or indicates the states retain certain roles. For example, although the United States Congress under Article I, Section 8, Clause 3, (the Commerce Clause) has been said to have "plenary" power over Interstate Commerce, this does not always preclude the states from passing laws that affect interstate commerce. When an activity is in interstate commerce and when Congress has not regulated it, the states can regulate this activity as long as they do so appropriately. This is known as the "Dormant Commerce Clause." Similarly, this is true between the branches. Congress does appear to have complete and absolute power regarding the declaration of war and peace in Article I Section 8 Clause 11. Yet, the President has control over the Armed Forces as Commander-in-Chief. These powers are in ongoing conflict, as seen by the War Powers Resolution of 1973. Furthermore, while it would appear (as seen in the paragraph below) that Congress has Plenary power to levy taxes via the Federal Government, this is a power that is held concurrently with the states. 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 powers of states and rights of individuals, are held to limit the plenary power of Congress, then-Associate 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). An example can be seen in ''United States v. Kagama'', where the Supreme Court found that Congress had complete authority over all Native American affairs. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Plenary power」の詳細全文を読む スポンサード リンク
|