can he or can't he? president trump wasted no time turning his campaign promises into practice. critics calling his actions illegal while supporters applaud his take on executive authority. today we separate fact from fiction when it comes to presidential powers. think you broke your arm? maybe it's a bad case of the flu. where do you go for fast treatment? it may not be your local e.r. we discuss the explosion of walk-in clin iics and when you e better off at the emergency room. how a local center is helping women get sober and how they doubled down to make sure they stay that way. good morning. i'm erin coleman.

it's like nothing washington or the nation has ever seen, a flurry of executive orders and actions from a president in office only a little more than two weeks. the result has created a lot of strong feelings on both sides of the political aisle. some calling mr. trump's actions overre overreaching and unconstitutional. others believe he is well within his rights action president. joining me is a professor of constitutional law at the university of pennsylvania. he clerked for u.s. supreme court justice david suitor. if his name sounds familiar, it's because he is the great, great grandson of president theodor roosevelt. welcome. thank you for being with us. let's talk about executive orders. help us understand what does that really mean? >> well, an executive order is actually not as mysterious or important as most people think. it's the president telling someone within the executive branch to do something. the president has authority over the executive branch.

he can tell his executive officials or his executive agencies, here is what i want you to do. >> we have seen a lot of these over the last couple of days. what is the difference between an executive order and executive action? >> the executive order is when the president transmits his desires to these people. so he is saying, customs and border patrol, you are officials within the executive branch. here is what i want you to do. when they do that, that's the executive branch taking action. >> is there anything different or unusual about president trump's executive orders? we have seen a lot so far. >> well, he has certainly been energetic. there's nothing particularly unusual about issuing a lot of executive orders early in his term. you know, that's how presidents start implementing their policies. what we always have to ask is what's the substance of these particular executive orders. are there problems with conflicts with federal law? are there problems with conflicts with the constitution? is there something the president is allowed to do? but executive orders by th

themselv themselves, very usual. nothing to be worried about. >> are they typically this controversial? >> well, not usually. not usually at the beginning. presidents often they start off a little more slowly. historically, there have been enormously controversial executive orders. president roosevelt in world war ii ordered the detention of japanese-americans via executive order. >> i want to get to that later on. sticking with this current political climate, can an executive order create a new law? i feel a lot of people have questions about how this whole process works. can it create a new law? >> no, it can't create a new law. this is what i was saying before. with an executive order, the president can say to people in the executive branch, here is what i want to you do. he can't tell ordinary citizens they have to do something. he can't order the government that's not under his control to do something. and he has to follow the law. it's a general principal in constitutional law, if congress

sets the law, the president has to follow it. >> so what about the flip side? can an executive order undo a law that's already on the books? >> again, no. the president can't make laws. the president can't repeal laws. all the president can do is enforce laws and execute the authority that's given to him by the constitution or by congress. it's possible the president can say, i'm not going to enforce this law. then you have questions, is that within his constitutional authority or not? the president is supposed to -- the constitution says -- take care laws are faithfully executed. if he just says, i don't like this law, i'm not going to force it, that's maybe a problem. if he says, there are lots of things that demand my attention, i will make this law a low priority, that's probably permissible. >> why do you think so many people are talking about this and have questions about this right now? is it because of the rapid fire that we have seen these executive orders coming down? >> well, it's rapid fire. it's very dra the matic.

people taken off planes, being detained at airports. it's controversial. these are policies that some people think are mistakes. there are questions about the legality and constitutionality. so very dra malt matic. challenges in courts succeeded so far, some of them. lots of ingredients coming together to make this on the public's radar. >> talk a little bit about the firing of the attorney general last week. how was that within the president's power? >> well, firing the attorney general is pretty clearly within the president's power. the president is the head of the executive branch, officials in the executive branch work for him. he can tell them what to do. under some circumstances, i guess if they think it violates the law or the constitution, those officials can say, no, i won't do this, i can't do this consistent with my oath to the constitution. but then it's certainly within the president's power to fire those people and replace them with someone who is more willing to execute his policies. >> wasn't it really a moot point then when we talk about salary

yates? because she was going to be replaced anyway. >> it was a moot point for a couple of reasons. one is, yes, she was going to be replaced. she was an obama holdover. she was going to be out. the other is, people argue about whether she should have resigned or whether it was appropriate for her just to refuse and say no, the justice department won't defend this executive order. because the president clearly had the authority to fire her, which he did, that didn't really make much of a difference. >> here is a question for you. does the president have the right to go against the ruling of the attorney general, the person he appoints to the position? >> yes. the president doesn't have any obligation to follow the legal opinions of the attorney general. that's what you see in this case. sally yates said my view is this law is unconstitutional or unlawful, this executive order. the president said, i think it's fine. i'm going to get an attorney general who will defend it. the president does have to

follow what the courts say. the attorney general works for the president. >> an american history refresher here. we talked about the executive branch. explain, what exactly the powers are of the executive branch. many people are just unaware of the president's authority. >> people are unaware of the limits on the president's authority. that's in part because presidents do a lot more now than they used to. in practical terms, the authority of the president has grown. but in terms of the constitution, it's supposed to be relatively limited. the founders decided they could protect individual liberty by dividing powers of the government. you have congress. you have the president. then you have judges who intere interpret laws and tell you when the other branchs have gone beyond the bounds. >> how do those relate to one another? >> they are supposed to relate to each other in a sort of check and balance way. so they're supposed to push back against each other.

the found hers had this idea th the president would want to protect the powers of the presidency. the courts would want to keep everyone in line and protect their own authority. the different branchs of government would be natural rivals. it hasn't worked out that way largely because of the party system. party loyalty is now really what determines the way in which members of one branch relate to each other. members of congress who are the same political party as the president support the president more than the founders thought they would. members of congress who are members of a different party oppose the president. >> wasn't you have written a bot a con trtroversial executive or ordering the confinement of tens of thousands of japanese-americans in internment camps. tell us about that, your book, and why you chose to write on this subject. >> well, wasn't ei wanted to wrt

how a nation reacts in times of fear. i was thinking about the aftermath of the september 11 attacks and the long, ongoing struggle against i wanted to look at the choices we make and the mistakes we make and what we can learn from the past. the situation following the attack on pearl harbor was in some ways very similar to the situation following the september 11th attacks. we were trying to figure out who is the enemy. we were trying to figure out who is a threat to us, what do we need to do to be safe. there were a lot of hard questions that came up. what is consistent with american values? who you can trust? how you can tell whether someone is loyal? >> allegiance? >> available now at fine bookstores everywhere. also online retailers. >> moving forward, president trump using national security presidential memorandums. one of them we heard a lot about this allows his political team access to national security council meeting.

a lot of folks on social media talking about this. is that within his powers according to the constitution? why is it so controversial? >> well, that is within his powers. the constitution doesn't say anything about it. there is a federal law about the composition of the national security council. so there are some people he maybe can't take off it. what he has done is consistent with that. the surprising thing is not so much who he has taken off -- maybe a little bit he has demoted intelligence professionals. but the surprising thing is who he brought in. that's what people are upset about. not because it's illegal. it's not. no one is suggesting that. but because it's consistent with an anxiety that i think people have about the trump administration, which is that political operatives are making decisions where you would rather have experts in the field doing it. to the extent he will be listening to political strategists rather than intelligence professionals, people are worried that it's going to be political people running the show and not the

experienced, the experts in the field. >> we have heard about the obama administration with this transition. didn't president obama use similar techniques to what president trump is doing in terms of getting around congress? >> well, obama certainly used executive orders. obama used the power of the presidency aggressively. the question is what the justification is for it. we haven't seen this with trump. we haven't had enough time to get experience with what the trump administration's legal theory is. the bush administration used to say, the constitution gives me this power as president and that's all i need and congress can't stop me. if i have to defend the nation, i can override a federal law. obama never said that. obama said, this statute gives me the authority to do what i'm doing. in some cases, that was not a very plausible reading of the statute. obama never claimed the commander in chief power. we don't know what trump's theory is going to be.

>> what is the biggest misunderstanding, the biggest that americans have about the constitution? >> the biggest misunderstanding is that it has all the answers, that it's this black box created a long time ago and judges can somehow find the answers to our current problems. that's not what the constitution does. there's no way it could do that if you think about it realistically. what the constitution does is it tries to give us a framework within which we can govern ourselves, within which we can find the answers to our problems and make good policy. but that requires a lot of work. judges can't do it. the constitution can't do it. the american people have to do it and we have to work together. >> thanks for being here with us. emergency room or walk-in clinic? help knowing which way to turn when you need medical attention. that's next.

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people in south philadelphia have a new healthcare option. nbc 10 was there last week as the mayor helped cut the ribbon at the vibe urgent care center on broad street. the new facility says it provides patients a relaxed, stress-free environment featuring board certified doctors, digital x-rays, lab services and multiple exam rooms. it is the fourth vibe urgent care sprinkled throughout the city. there are many others like it all over our area. a new survey finds patients like the fact that they are open seven days a week with evening hours and that no appointment is necessary. getting treatment for a cold, the flu or sore throat are the top reasons people use the centers followed by cuts, breaks and sprains. jim rosenfield talked to the ceo of vibe urgent care about what people can expect from medical centers like his, including how they plan to deal with the potential loss of obamacare. >> thanks for joining us. appreciate it. urgent care centers seem to be

popping up around the area. what's behind this? >> there's a couple of things driving the growth. one is just an increase in the population. the second is an increase in health care costs. the third is a growing shortage of primary care physicians. there aren't enough places for people to go to get basic, accessible health care. those trends are driving the growth at urgent care. >> when you walk in, what can you expect you will be able to get? you will be seen by a doctor or is it physician's assistant or -- >> our model is have a physician on site. we believe that's the best model and we can handle the broadest scope of care. we do lap testing. we can treat about 80% of what can happen in an emergency room. all types of basic injuries and illnesses. most people shouldn't be in an emergency room and should be in an urgent care center. >> is there anything you want people to know that they shouldn't be going to the urgent care center but should go to an

e.r.? >> we have that happen every week. if you have a life-threatening illness. if you feel like you are having a stroke or a short of breath and having difficulty breathing. >> be at a hospital? >> exactly. if you have been in a motor accident, things like that. we're geared for everyday illnesses and injuries. >> is any of this growth driven by changes that we have seen with affordable health care and with all this talk about repealing and replacing, where does that leave this? >> i think absolutely it has been driven by the affordable care act. more people have coverage. more people will avail themselves of services. that's a good thing for us in the long run. if people take care of health needs up front before they turn into long-term chronic conditions, it saves the health care system money. access on the front end is very, very important. if the plan is repealed -- which i think is challenging. but if it's repealed, the bottom line is more and more costs are being passed to us as consumers

with heidi duigh deductible hea plans. i think we have a lot of growth in front of us because of that. they know there are more options now. they know they shouldn't be an emergency room for basic care. i think we will continue to see nice growth in the business. >> what about people who don't have insurance? can they self pay? >> they can self pay. we have programs in place for them to pay over time. we want to make sure they are able to be seen as well. >> is there a way for people to find out maybe what it's going to cost ahead of time for them to decide if they want to go that route? >> absolutely. call us. we post all of our prices. we can tell people exactly what it would cost. >> we thank you for joining us. >> my pleasure. thank you. >> critics say they eliminate the long-term relationship patients have with their doctors who often have a deeper understanding of a patient's overall health. peter says his center recognizes that and encourages people who go there to have their own primary care doctor.

next on nbc 10, a local program that helps women get sober and stay sober. we will tell you how. ♪

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turned from trash into treasure. so in the future, we will all have a more beautiful world. ♪ a big surprise for a local organization recently. interim house became the latest recipient of the champions in action award. as jacqueline london tells us, it's an award that packs a powerful punch. >> i don't think you will forget this staff meeting. >> workers at interim house were stunned when nbc 10 burst into their conference room with a surprise announcement. >> you are the recipients of a check for $35,000. i see tears coming from your eyes. >> i'm so overwhelmed. >> the champions in action award is a partnership among citizens bank, nbc 10 and telemundo 62, along with the inquirer, daily news and philly.com.

>> we love shining a light on great things going on in the community. you are doing great things in the community. congratulations. >> interet provides help to wom struggling with mental health issues and helping women maintain sobriety. >> working job training. it's about rehabilitation from the substance, but then also what's the opportunity going forward. they really deal with the issue holistically. >> in addition to the cash, the award comes from executive monitoring, along with public relations and volunteer support. it's a windfall that the director says will be put to good news. >> the money is needed in the midst of the opioid epidemic. 17 women have died of overdoses in the past year. >> jacqueline london, nbc 10 news. >> joining me are the program director and a client of interim house. she have been in recovery for

nearly 12 years. thanks to you both for being here. let me start with you. $35,000, that's a lot of money. what do you plan to do with it. >> we have plans to help support our life skills and job training program which provides money to -- which provides support to our ged program. women will be able to get their ged, able to participate in job training programs. we will also help them find employment so they can become self-sufficient and productive members of society. >> big support. tell us a little bit about your story. what sent you to interim house? >> in 2005, i was spiritually broke broken. i was at another facility that sent me to interim house. it was a six-month intensive treatment program at the time. >> what would you say to someone who may be where you were who

wants to get to where you are? >> when you are broken and you don't know where to go, the therapists there -- everyone that works in there is warm and meets you where you are at. there's encouragement to move on. and everyone is treated individually. it's really difficult to say how to come in. but to ask for help, that was hardest thing to do, was to ask for help. because i thought i could do it all myself. once i let go of that, i just got so much help that now being able to turn these around i can look and ask for help. >> thanks for being with us. >> thank you.

>> to learn more, go to nbc10.com. you will also find information about how your non-profit can apply to become the next champion in action. dear fellow citizen, i know what it's like to worry about student loan debt. i graduated into it. so i couldn't do the things i love, like traveling. but i knew there had to be a way to manage it. citizens bank education refinance loan. call... an education refinance loan helped me save on payments each month. if you have a question about whether refinancing is right for you, ask me.

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introducing fios instant internet. it's internet the way it should be. get it at instantinternet.com a few numbers to ponder as you toss back your super bowl party food later today. fans expected to consume 1.33 billion wings, that's according to the national chicken counsel, will spend more than $225 million on potato chips, but a mere $13 million on veggie trays, consume about 2,500 calories during the game. you would have to run a marathon to work that off. the average person burns 100 calories after running a mile. that's it. thank you for joining us. join me every weekday on nbc 10 news at 5:00. have a great super bowl sunday.

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nbc sports, home of the olympic games, the nhl, premier league, the nascar playoffs, and primetime's number one show, "sunday night football" only on nbc. welcome to our nation's capital. 44 degrees on the first sunday in february. it's all-star sun. alex ovechkin of the washington capitals third in the nhl with 25 goals. all-star jeff conor from the los angeles kings, two-time stanley cup champion, second in the league, 27 goals. washington capitals/los angeles kings coming up momentarily, but first we send you to our studio.