You forgot the administrative state.
1) Elect a dictator
2) Dictator appoints secretary of something
3) Secretary of something hires power-hungry bureaucrat
4) Power-hungry bureaucrat says ozone pollution is x parts per million
5) Suddenly millions are in violation of law.

The bureaucracy does exactly what you describe.
The EPA makes “rules” about pollution or wetlands or what have you. They make “rules” which have the force of law, but they are laws which were never voted on by Congress, and laws which seem to exceed the authority of the EPA.