Plenary power

United States

Immigration and nationality

Congress and the President have plenary power to make and enforce immigration and nationality policy, with limited judicial review. This power is foregrounded in the "ancient principles of the international law of nation-states", or Ius gentium principles, that immigration and nationality laws are matters of sovereignty; that immigration and naturalization are privileges that exist at the pleasure of the people; and that immigration and nationality laws involve political questions best left to the people. Though this power was largely unused until the 1880s, the underlying principles behind it trace as far back as the Roman Empire and were embraced by Founding Fathers such as Gouverneur Morris, who is quoted as stating: "Every society, from a great nation down to a club, had the right of declaring the conditions on which new members should be admitted." The textual basis of this lies in the foreign affairs powers under the commerce, naturalization, define and punish, and war clauses of the Constitution.

Indian tribes

Congress has power over Indian affairs under article I, section 8, clause 3 of the Constitution, or the Commerce Clause: "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." The scope of this power is plenary and works to the exclusion of states or tribes, with Congress even able to de-establish a tribe itself. Many tribal leaders view this power over their affairs as tyrannical, since it inhibits self-governance and subjects them to outside forces in Congress.

Postal system

Congress has power over the postal system under article I, section 8, clause 7, or the Postal Clause: "To establish Post Offices and post Roads." The scope of this power is plenary and is not affected by federalism concerns under the Tenth Amendment.

References

References

1. "Plenary power".
2. Jon Feere, [http://www.cis.org/plenarypower ''Plenary Power: Should Judges Control U.S. Immigration Policy?''] [[Center for Immigration Studies]], February 2009.
3. ''Kleindienst v. Mandel'', 408 U.S. 753 , 766 (1972)
4. Charles, Patrick. (2010). "The Plenary Power Doctrine and the Constitutionality of Ideological Exclusions: An Historical Perspective". Texas Review of Law & Politics.
5. Stuebner, Jake. (2024). "Consular Nonreviewability After Department of State v. Munoz: Requiring Factual and Timely Explanations for Visa Denials".
6. Ludsin, Hallie. (2022). "Frozen in Time: The Supreme Court's Outdated, Incoherent Jurisprudence on Congressional Plenary Power over Immigration". North Carolina Journal of International Law.
7. Natelson, Robert G.. (2022-11-13). "The Power to Restrict Immigration and the Original Meaning of the Constitution's Define and Punish Clause". British Journal of American Legal Studies.
8. "Scope of Commerce Clause Authority and Indian Tribes {{!}} Constitution Annotated {{!}} Congress.gov {{!}} Library of Congress".
9. "U.S. Constitution and Congress {{!}} Tribal Governance".
10. Keith, Richotte Jr.. (2025-03-21). "Contributor: What happens when Washington runs amok? Ask a Native American".
11. (1938). "The Expanding Postal Power". Columbia Law Review.