The US Constitution was designed to be cumbersome in order to prevent the accumulation of political power in any single branch of the govt. Except in emergencies, the Constitution only permits action if consensus is reached. Consensus requires, among other things, effective persuasion.
President Obama has, in the absence of emergency, accumulated power in the executive branch by refusing to enforce laws with which he disagrees. Take the Defense of Marriage Act(DOMA)as an example. Without regard to the merits of DOMA, Obama unilaterally decided not to enforce DOMA before the Supreme Court ruled on the matter. The same is true of the Affordable Care Act (Obamacare) where Obama unilaterally suspended the Employer Mandate. Obama's refusal to enforce the laws controlling the southern border are another example. These were not matters of administrative discretion.
In using "his pen and his phone" Obama has effectively seized power from the legislative branch and arrogated it to the executive branch. In this manner Obama has established a precedent that will be used by all subsequent presidents and placed the Republic on a new political trajectory.
