I have been wondering too how our elected officials let him get away with this. The bigger problem with this is that the next president will do the same thing and probably abuse it even more.
Your argument has in some effect been going on for some time under what is known as the
Unitary Executive Theory. This wiki piece is just a very brief summary and much better stuff can be found doing a good net search or reading the embedded links used to support. It has always been a hotly debated topic of just where the President can execute executive power over legislative action.
The President also has in effect legislative powers in the
Administrative Procedures Act Title 5 in which the President can exercise limited rule and/or law making powers via the Executive Order. In fairness to the office of the President, some legislation from Congress is vague and thus grants the authority to the President to make or establish such rules as he/she feels necessary to enact the legislation as to intent and passed. Not all legislation is 1000's of pages long.
APA lays out the process that the Executive Order of a President among many rules much be published in the Federal Register and thus a 30 day clock begins to tick that allows a process for both Congress and the Public to properly object. If the objection meets the rules criteria, the President's actions are sidetabled and depending on the situation, a process is followed. In some cases the issue returns to Congress for re-consideration.
Presidents of both parties are guilty of overstepping Article 2 delegated authority but at the same time Congress has been horribly lazy in responding or objecting. Mostly so the ruling party holding the executive branch can benefit and thus the majority party in Congress often becomes complicit. When Congress screams about Presidential power, I'm not convinced that Congress is not having a Brer Rabbit moment in bringing up the briar patch. Also if something goes bad, blaming a President who at best can only serve 8 years to begin with is much better than having to face the blame yourself and upend a 20 or 30 year career as a legislator. Something about a do-nothing Congress come to mind?
The public at large however has been hugely ignorant (
IGNOREant), some of that pure laziness or ignoring the acts of the party they voted for. In fairness, some of it as a result of being overwhelmed with vast amounts of information and some of that I also feel is on purpose. Hard to achieve clarity of thought when you can't even wade through all the contradictions. There is also the "my team won so we get to cheat" mentality but when the tables turn, oh the screams when the other team does it. That is that principle thingy I talk about mostly to howls and hollers here and equally from both sides. Speaks volumes IMO.
All federal agency rule making, all of it, also have to meet the APA process along with publishing the agency delegation of authority as to who can do what within the agency. For example, you'd be surprised who can and can not audit you within the IRS. Not everyone in the IRS has that delegation of authority. All forms required of the public also must meet APA criteria. Doesn't mean they want to be forth coming about it and the reason Title 5 also has the
Freedom of Information Act as a weapon to open gov't document access.
The President may be acting outside the bounds of Constitutional wording of Art. 2 but if this be true, he's only followed a precedence long set by other Presidents with full support of both political parties when they are self served to benefit. Not to mention a public more than willing to just roll over and let them do it. Calling out Obama may be correct but it's only the guilty fingering the guilty IMO.