““Executive power thus could be exercised adjacent to legislation without actually trespassing on legislative power. The executive, for example, could make regulations and interpretations that merely directed executive officers and nonsubjects and could make determinations that merely discerned facts or the duties of subjects. Although these executive acts came close to legislation, they generally did not bind members of the public, and they therefore were not legislative. As a result, early executive regulations, interpretations, and determinations are not precedents for binding administrative legislation. On the contrary, they show the difference between lawful executive action and unlawful administrative lawmaking, and they thereby reveal that the one is not threatened by the argument against the other.””
