afchic,
Executive Orders have been used by President's since 1789 - the
vague Constitutional justification for them under Article II and the history of their use makes for some interesting reading.
The so-called Czars have been around since the New Deal - FDR had 11, HST had 6, DDE had 1, LBJ had 3, RMN had 3, GRF had 2, JEC had 2, RWR had 1, GHWB had 2, WJC had 8, GWB had 33 and now BHO has 38.
Presidents seeking "
out of session" or "
midnight" appointments to counter a politically recalcitrant Congress have been around since John Adams.
It's politics and a conundrum long overdue for a solution...or maybe not.
And so it goes...
Richard