The job is a tradition, not a post written into law; the Senate's rules give it no explicit authority.
For example, he would show up at a prison and demand that certain prisoners be made available, something for which he had no explicit authority.
"There is no doubt that they have the explicit statutory authority to issue these notes," he said.
This is the point at which explicit constitutional authority for the creation of federal crimes runs out.
Mr. Greenspan has the implicit discretion to cut rates between meetings of the committee, even without a vote to give him the explicit authority.
The inquiry must begin by determining whether the enabling legislation gives explicit authority to apply the law.
But it provides little or no explicit authority to control the formation of Iraqi political and civil institutions, the diplomats said.
But the appeals panel ruled that the agency needed explicit authority from Congress to regulate tobacco products.
For the next two years territorial auditors paid accounts without explicit legal authority.
Lawmakers say they intend to introduce legislation in the next few weeks that would give regulators explicit authority to enforce the rule.