Comment Re:Since when does the White House make laws? (Score 1) 32
I suppose your question is rhetorical, but the obvious answer is "Since Congress became incapable of making any 'meaningful' laws." Insofar as the legislature is supposed to regulate and control the executive branch, you could even describe it as a form of regulatory capture.
But it's worse for the judiciary these years. If you look at the history of nominations and confirmations, that transition has been shockingly rapid. There are still two living (but retired) nonpartisan Justices who were confirmed by a majority of the Senators from both parties, which used to be the norm, but on the actual Court there are no nonpartisan Justices. So my hilarious solution approach would be to boost the value of nonpartisan Justices with a funny little recusal rule: "A nonpartisan Justice may compel two junior partisan Justices to recuse themselves." (I can even imagine how the change could be pushed. The key step is to get one or more nonpartisan Justices onto the Court...)