SCOTUS discussion from the Vikings Forum
Reading deeper, I think we can actually blame the republicans of '93-'94 for the origins of this tactic, since they were the first to ramp it up against Clinton. But even THAT undermines the case that it is being done against Obama for more insidious reasons (such as race, which is the motive usually attached to this).
It is not race; it is corporate power.
Perhaps we could continue in the clubhouse if we want to get into details.
This whole fight is revolving around the DC Court of Appeals, where all the shenanigans that are being used by Obama to get around Congress by using regulations will ultimately be decided constitutionality-wise. There have been openings on that court going all the way back to when Reid was blocking blocking W with cloture. Obama wants to stack that court with his people, allowing him to basically replace Congress with his bureaucracy and its regulations.
Most regulations that in effect create tax law or anything else that congress usually does has to be authorized BY congress, and Obama has not been getting congressional approval. That has created lawsuits that will be decided by the DC court of appeals, and right now the court has an equal number of liberal and conservative judges.
If Obama wins this fight, he will create an Executive Branch that has more power than any previous president ever enjoyed, and it won't stop when he leaves office. Expect the next republican president to do the same thing. This is why libertarians like me get all worked up over it; it WILL change the balance of power between Congress and the Executive Branch.
As of now, the executive executes laws created by congress, he/she cannot make law him/herself. But if the president can in effect make law by creating regulations that are new laws in every way except name without having to get approval from Congress, we have just created our first king with term limits.
Why would they EVER try to get Congress to pass anything? They could just either write executive orders or have the relevant department write new regulations doing what he/she wants done.
Men are moved by two levers only: fear and self interest.
~Napoleon Bonaparte on Politics