Consequently, the current ban on assassination raises numerous ques- tions regarding the constitutionality and legal effect of executive orders.
By merely prohibiting assassinations via executive order, a presi- dent is essentially performing a legislative function. He is creating "presidential legislation" that may be unconstitutional. 75 In Youngstown
Co. v. Sawyer, the Supreme Court delineated a clear test to assess the constitutionality of an executive order: "The President's power, if any, to issue the order must stem either from an act of Congress or from the Constitution itself."76 Unless the President can cite either statutory or constitutional authority for his actions, the order will be held unconstitutional.