In his State of the Union address earlier this year, President Barack Obama vowed to wield his executive powers when faced with congressional resistance to his legislative agenda: “America does not stand still — and neither will I. So wherever and whenever I can take steps without legislation ... that’s what I am going to do.” This provocative declaration was startling in its bluntness, but it was hardly a new development. For the last five years, the president has aggressively exploited regulation to get his way.