Obviously, Congress is irrelevant.
http://conservativebyte.com/2014/11/obama-official-ready-ram-carbon-emissions-deal/
the Obama administration is already anticipating that Republicans in the newly-elected Congress may try to oppose this deal. So on this issue, as on immigration, they’re getting ready to act on their own.
“Congress may try to stop us, but we believe that with control of Congress changing hands we can proceed with the authority we already have,” an unnamed administration official told CNN. After all, this person added, opposing CO2 reductions “is really the crusade of a narrow group of people who are politically motivated and have made this a cause celebre, but we believe we will be successful.”
The real test of whether Republicans think Obama is acting unconstitutionally will be when they decide whether or not to impeach. If he's as terrible as they make him out to be, it should be easy to impeach, right? What possible justification is there for spending so much time talking about how unconstitutional his actions are and NOT impeaching? Then you're a party to the transgressions by having the power to stop them but choosing not to act. By controlling both houses of Congress, they might even have a shot at removing him from office altogether. But my prediction is they won't even vote to impeach, because this dance the republicans and democrats do is just smoke and mirrors. They're so busy trying to convince us all they're diametrically opposed to each other so we don't pay attention to how ineptly both parties run this country. And when the time comes to act, their true nature will be revealed, and promptly ignored by the public.