Presidents have issued executive orders since 1789.
Although there is no Constitutional provision or statute that explicitly permits executive orders, there is a vague grant of "executive power" given in Article II, Section 1, Clause 1 of the Constitution, and furthered by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 4.
Executive order - Wikipedia, the free encyclopedia
While not a constitutional lawyer, it would appear that the President is granted powers to issue so called " Executive Orders" on laws already in place. Then the question becomes is there a Law already in place that the Executive Order is using to see that it is faithfully executed. There is one case in that link where the Supreme Court basically said the President has no authority to make laws with such power.
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579
Justice Black wrote for the majority, although the number of divergent concurring opinions made it clear that he did not necessarily speak for it. Black took, as he often did, an absolutist view, holding that the President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.
Youngstown Sheet & Tube Co. v. Sawyer - Wikipedia, the free encyclopedia