The Obama regime rules by executive fiat. They enforce the laws they like, and ignore the laws they don't like. Heck, His Heinous even makes up laws when it suits him.
Remember how the regime came down on Arizona for having the temerity to enforce the federal laws on illegal immigration within the borders of their own state?
And what does Congress have to say about it? Not a whisper.
Congress complaining about creative interpetation of a law they passed under the "substantial effects" doctine of the New Deal Commerce Clause would ooze irony.