You can thank Chief Justice of the Supreme Court John Roberts. In 2012, he was the deciding vote in affirming the constitutionality of the Patient Protection and Affordable Care Act - or Obamacare.
The point in dispute is whether the fee levied on US residents not carrying insurance was to be called a "penalty" or a "tax." The constitution gives Congress the right to levy taxes, but not to institute penalties for not purchasing a product. So if the fee is called a "penalty," it's unconstitutional, but if it's a "tax" then it is not.
And Roberts ruled that it should be considered a tax.
Here's what Roberts said: "'Every reasonable construction' must be resorted to in order to save a statute from unconstitutionality"(citing 1895 precedent).
See more details here: http://www.upi.com/Under-the-US-Supreme-Court-What-Roberts-actually-said-about-healthcare-tax/35241341732600/.
Precedent requires that the Supreme Court contort itself into every reasonable position before striking down a law.
The following were enacted via executive order:
The Emancipation Proclamation, which ended slavery.
The Manhattan Project, which created the atomic bomb.
The internment of Japanese-Americans.
The suspension of habeus corpus. (Meaning, doing away with a reason to hold someone in prison.)
The creation of the Federal Emergency Management Agency (FEMA).
The New Deal.
Nationalizing the steel industry.
The confiscation of gold coin, bullion, and certificates nationwide.
Restricting access to presidential papers.
Creating the Warren Commission to investigate the assassination of John F. Kennedy.
Banning assassination.
Desegregating the armed forces.
Desegregating public schools.
Creation of the Peace Corps.
Creating equal opportunity hiring for government jobs.
Requiring that the government do a cost-benefit analysis of each regulation.
Creating the Department of Homeland Security.
Creating the current American flag.
Defining lawful versus unlawful interrogation techniques.
Look the widespread impact of these executive orders. Repealing ObamaCare by EO will be a walk in the park.
The Supreme Court struck down Harry Truman's Executive Order 10340, which put all U.S. steel mills under Federal control.
The court ruled that Truman had overstepped by attempting to MAKE law rather than clarify existing legislation.
Therefore we see that half the battle is already won. ObamaCare is existing legislation.
As long as Trump doesn't MAKE law in his executive order(s), he can tinker with ObamaCare until it no longer exists.
ObamaCare hasn't delivered on a single one of its promises. Therefore, Trump will use the power of the Executive Branch to "clarify" the law until it's no longer ObamaCare.
He began the process on his first day in office: https://www.whitehouse.gov/the-press-office/2017/01/2/executive-order-minimizing-economic-burden-patient-protection-and
Trump will therefore tackle EACH AND EVERY DELIBERATE FAILURE of ObamaCare.
ObamaCare was designed to fail. It would bankrupt all health-insurance companies and pave the way for single payer.
Trump will point out in his executive order(s) that ObamaCare has failed, and he has the duty and authority to act.
That's how the executive orders will pass judicial muster. They won't be NEW law; they'll clarify EXISTING FAILED law.
THE END