A really interesting article. Krauthammer's comments about the "supine Congress" are correct, and it's galling.
Not specifically discussed, he's suggesting that the de facto reins of government are held by the executive branch, and implemented through executive orders and regulations from the various agencies; and the only counterbalance is state-initiated lawsuits acting through the courts.
This makes a kind of perverted sense -- Congress has largely abdicated its lawmaking responsibilities to the various federal bureaucracies, and it is unwilling and/or unable to reassert control over them.