Apparently Bachmann did.
But a President can do anything he wants to with an EO.
I suspect that most EO's are unconstitutional. Where in the constitution does it give the president the power to legislate by the use of executive orders?
An executive order is only valid if it is used to "faithfully execute the laws of the United States". If it is used to legislate or to undermine the laws of the United States, then those orders are illegal.
I don't think it is possible though.
An EO can be written in such a way as to effect it's purpose with out legislating.
That's what slimy lawyers are for.