Executive orders would like a word with you.......
Rulemaking authority is clearly defined as not being law. It has the effect of law, but the authority to make rules comes to the agency/dept within the legislation that creates the agency/dept. As the Chief Executive, each president presides over those agencies/depts and has the legal power to direct the rules.
I wondered the same thing when I was appointed to the State of Oregon Home Inspection Advisory Committee and we were expected to create the rules and regulations that would govern home inspectors and future home inspectors in the state. We were told that the rule making authority was provided by the State of Oregon Legislature. So we did. There was never a legal challenge. It is what it is.
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