“...that is precisely why Congress has a say in confirming the Presiden’t Cabinet.”
A hell of a lot of good that did with this present administration and appointments.
It helps when the Congress isn't playing Alter-Boy Kabuki Theater Master 2000!!!
(By that, I mean it helps if the Congress-critters a) did what they said they would, and b) were held to task for inappropriate actions; it would be VERY interesting if the various States started issuing warrants for the arrest of their reps and senators. Which, I'm sure, they have every right to do; one example from awhile back was a federal act that transferred control of the States's National Guard units to the President, which many state Constitutions explicitly put under the command of the Governor, thus the legislating parties thereof are exercising authority that they do not have [in no State Constitution that I have seen is the power to amend given to the federal reps/senators]. )
That said, even given the failure of Congress on the issue of appointments, they have more than enough to blast the Executive (Fast & Furious, Libya, Solyndra, GM, etc).
Of course, even as-is the Congress has immense power to reign in the Judaical branch.
I think the bigger question is "why is the Congress acting so impotent?"
Some of it, I'm sure, is learned behavior... and some of it is go-along-to-get-along, but even so, that cannot account for their utter misfeasance.