An Executive Order controls only the organizations and agencies within the Executive Branch. It cannot control the Courts, the Legislature, nor can it ‘order’ an American Citizen to “do” anything. It can’t truly ‘force’ me to do a damned thing.
Notwithstanding that fact, it often effectively acts outside that realm because we let it happen. These underling agencies issue rules and regulations per that EO and try to make the citizenry believe they are legally enacted laws. They are not. They can be brushed aside by another executive order in the next administration.
Rubio suffers from the mistaken impression that an Executive Order is God’s Word, and to keep god Obama from doing this WE (he thinks GOPe Replicants) just HAVE to enact some kind of legal law so god Obama’s version doesn’t come in force.
The truth is that an Executive Order, Policy, Action - whatever is ALWAYS subject to review and legal action. There is nothing to stop anyone from suing to stop its enforcement. And, this is where Rubio is misleading us, essentially lying in my opinion. We do not have to take a pike up the keester and enact something most of us do not want anyway just in the chance that god Obama will issue an EO.
That paragraph says it all...