The serpentine flow of the amount of power given to the executive branch or government in general is nothing new. There was an overstep with the patriot act, and according to Rep. Sensenbrenner (the author of patriot act) the executive branch under Bush and Obama exceeded the authority of the patriot act.
I think ultimately these types of powers need a congressional kill switch. Much like under the war powers act. The Congress through a concurrent resolution can remove the executive's authority under these acts.