The expansion of executive powers us usually makes sense to the party in power, and doesn’t make sense to the minority party. But there was always an understanding that everyone was a rational actor with these powers. No one ever stopped and asked what would happen if someone a little more irrational now had these expanded powers.
No, the judicial and legislative branches have ceded it. The whole point of checks and balances is the tacit understanding that each branch will naturally grow as much power as it can and it is the responsibility of the other branches to check it.
Blaming the executive branch for growing its power is like blaming the seller for high prices in a free market — the system is designed presuming competition and selfish behavior.
Well, it is the executive branch that chooses the supreme court... For every John Marshall there has been on the court, there is likely a Oliver Wendell Holmes Jr with his famous quote “If my fellow citizens want to go to Hell I will help them. It’s my job.”.
And the Senate that confirms the nominees.