That is a power vested to Congress in the Constitution.

So Trump can stating that if you burn a flag you get a mandatory 1 year sentence is not true.

“You burn a flag, you get one year in jail. You don’t get 10 years, you don’t get one month,” “You get one year in jail, and it goes on your record, and you will see flag burning stopping immediately.”

Trump Signs Executive Order: 1 Year Jail Time for Burning U.S. Flag

In fact it is not even in the text of the executive order he signed yesterday

Prosecuting Burning of The American Flag – The White House

Dissecting the order it clearly reads

Notwithstanding the Supreme Court’s rulings on First Amendment protections, the Court has never held that American Flag desecration conducted in a manner that is likely to incite imminent lawless action or that is an action amounting to “fighting words” is constitutionally protected.

The Attorney General shall prioritize the enforcement to the fullest extent possible of our Nation’s criminal and civil laws against acts of American Flag desecration that violate applicable, content-neutral laws, while causing harm unrelated to expression, consistent with the First Amendment.

In other words ,the Administration will enforce existing laws .

But of course this had led to and will lead to TDS induced craze .

Man arrested over flag burning near White House after Trump's executive order

Even Fox has it wrong.
Headline

Quote:

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Trump flag burning executive order could flip First Amendment on its head with new court

New directive seeks to clarify First Amendment scope after Supreme Court protected flag burning in 1989

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Trump administration moves to challenge Supreme Court protections for flag burning | Fox News

This does not challenge the 1st amendment . No one has the right to incite a riot. It has nothing to do with the right to burn a flag as a statement of free speech

Why yesterday ???

Because it coincides with the opening of the DNC summer meeting .

DNC Chair Tells Democrats to Grow a Spine | Video | C-SPAN.org

I'm pretty sure there will be flag burning in Minneapolis . There were last year

Man Tries to Rescue American Flag Burning Near DNC - Newsweek

So Trump the Chief Executive signs an order to enforce the law and the left predictably goes bat S**t crazy

Trump is the troll in chief.