Executive power has been growing. Many people on the right have come to appreciate this growth over the last 6 years of the Obama Administration. But the growth in recent years first began under George W. Bush. In this area, Bush and Obama have more in common than not.
Can anything be done about this? While it is possible that the courts could act to constrain the executive, the better way – in terms of effectiveness – would be if the Congress were to pass reforms of executive power. But can Congress feasibly constrain the executive? One question is whether Congress is willing to take such constraining action. Another is whether Congress would have the power to take such action, given that the President has a veto over legislation.
If one looks at modern American history, there appear to be two situations where significant reforms of the existing power of the executive branch have been enacted.