Because he says Obama's uniquely rogue at this point.
So how does one stop a rogue president?
Impeachment. Obama is guilty of impeachable offenses. Sadly, impeachment is near-impossible. The House has the votes to bring the charges, but the Senate lacks 2/3rds membership willing to do the right thing.
Legislative Standing. Will wants SCOTUS to allow legislative standing so that Congress can stop the executive overreach. Not gonna happen.
Constitutional Amendments. Narrow the power of the feds in the Constitution itself. That's like asking Obama resign. What's the chances of that?
Expanding RICO. Allow private civil suits against the executive branch. Talk about a litigious society. Suddenly there would be 100 million lawsuits against Obama.
State Action. Remember the civil war? State's rights pretty much went South when the shooting stopped. In fact, that's the pivot point that made the Fed lord over the states.
See why Obama knows he can get away with it now? Sad, huh?