The executive branch of the American Federal Government has effectively been circumvented. Not only that, the legislative branch has been cut out of law making in a very underhanded way.
First consider the NSHS executive order which describes the "power" that George W. Bush has to declare martial law, or "provide for the continuity of government." Next consider the fact that the executive branch has not allowed the continuity of government plans to be reviewed by the homeland security committee of congress to review these plans for continuity of government (video below). What in these plans requires that the plans not be reviewed by our legislative branch; I shiver to think of it.