Final answer:
Express authority to an agent is typically designated through a power of attorney or an agency agreement, outlining specific roles and actions permitted. At the state level, governors rely on powers specifically defined in state constitutions or laws. Expressed powers are clearly stated in legal texts, while implied powers are determined through interpretation of legal provisions like the elastic clause of the U.S. Constitution.
Step-by-step explanation:
Documentation that grants express authority to an agent is typically provided in the form of a written document called a power of attorney or an agency agreement. This document explicitly outlines the permissions and powers the agent has to act on behalf of the principal. For an executive department or agency, such authority may be granted by statutory law or through executive orders. At the state level, the governor may exercise powers that are specifically outlined in the state constitution or state law.
Expressed powers refer to those authorities directly mentioned in a legal document, like the U.S. Constitution or a state's declaration of rights. For example, Article I, Section 8, of the U.S. Constitution grants Congress certain powers and the elastic clause within this section has been used to justify the assumed or implied powers of the federal government.
Furthermore, when a governor is looking to strengthen state authority, they would reference powers reserved for the states as outlined in their own state constitution, and any additional powers that are granted to them through state law. Matters such as home rule or Dillon's Rule can also inform the window of authority a state or its executive branch may have.