I think the problem goes deeper than that, for two reasons.

The first is the obvious one. Congress is captured by a bunch of ineffectual assholes that either don't care enough to stop this or actively support ceding power to the executive.

But the second is that Congress has no actual enforcement mechanism. There are a few Congress members that are trying to stop this, but the executive can just play games with the court and lock out Congress members from any sort of oversight. If the executive refuses to abide by the laws of the country, who has control to stop it?