After notifying Congress, President Obama issues the following Executive Order, which is directed to Jeh Johnson, Secretary of the Department of Homeland Security (DHS):

Measures to Combat SANS-CoV

July 1, 2015

In order to combat the spread of SANS-CoV, the Secretary of the Department of Homeland Security shall detain and quarantine any individual that he or she determines poses an unacceptable risk of contagion for as long as the threat of uncontrolled spread of the disease continues. Federal military troops will be used to help distribute the vaccine and assist with quarantines. This is a temporary measure that shall expire once Congress passes legislation to address the pandemic.

Actress Jenny McCarthy and environmentalist Robert F. Kennedy, Jr. oppose the vaccine. They not only refuse to get inoculated themselves, but they also argue that one of the ingredients mercury-based thimerosal, which is common in vaccinescan cause autism in children. CDC experts vehemently deny that theory is supported by any scientific evidence. McCarthy and Kennedy begin to lobby against all federal vaccination measures, making constitutional arguments among others.

You are a lawyer for a nonpartisan think tank. Write a memo evaluating the constitutionality of Executive Order 13543. Because the memo will be used primarily as a guide to lobbyists (who are figuring out whether and how to respond to McCarthy and Kennedy's constitutional arguments in Congress), you are asked to ignore standing and other issues of justiciability. Also ignore religious freedom, severability, the Anti-Injunction Act, the 8th Amendment's Excessive Fines Clause.