Why consult congress, he is the emperor.
Check this out:

Yesterday the Obama administration suddenly moved to allow hundreds of thousands of people who’ve lost their insurance due to Obamacare to sign up for bare-bone “catastrophic” plans. It’s at least the 14th unilateral change to Obamacare that’s been made without consulting Congress.

“It shows that the Obamacare insurance products aren’t selling so, at the last minute, the administration is holding a fire sale on a failed launch,” says Grace-Marie Turner of the Galen Institute, a health-care advocacy group. “Just think how you must feel if you were one of the people who spent the last two months fighting their way through HealthCare.gov to buy a policy that will be thousands of dollars more expensive than this catastrophic insurance!”