it's been a curiosity that congress has been so willing to cede power to both the executive and courts. the power to legislate resides completely in the congress, yet they have stood by as both presidents and courts have done their job.
as for bush, there were things that he did that i did not like, but there was nothing specifically related to this, that he did alone, that caused me pause.
executive action has it's place. if you look back at the most damaging executive orders, they were done outside congress. one that is a fantastic example and gives people a twitch, is the emancipation proclamation. it might be the reason Obama call Lincoln his muse...and not because he freed the slaves :evil: