If we're relying on executive orders to supercede what should be the job of Congress, how is that not a problem? As for judicial activity, we just hamstrung SCOTUS for several months by having Congress refuse to appoint a 9th judge.
Alternatively, we are hamstrung by a President who refused to nominate a judge who congress would appoint. If Obama had nominated Ted Cruz, say, we would probably have 9 justices serving right now. But because he decided to nominate somebody to the left of the senate, the senate decided to roll the dice that the next president would nominate somebody else. The quorum for the supreme court is 6 justices, so congress isn't stopping the court from functioning. If we had 7 justices or were missing a chief justice, then I would agree that congress should get a move on.
As for my 5 pages to a fifth grader, it is largely a response to things like Obamacare that were 2000 pages long. Mostly, it was used as a grand-standing prop by republicans.
Finally, not every law needs to be passed yesterday. I am a firm believer that laws should be designed such that we do not need to constantly change them. One of the major failings of Obamacare is that not one republican voted for it. It was not a compromise between the two major political parties so much as a ram-rod to the throat. As such, Republicans have been able to point out all the horrible things in the law (that invariably make it in to every law) and haven't had to answer for and good things in the law. What is that phrase doctors use? "First do no harm?" A bad law is worse than no law at all.
I suppose my point isn't to say that 'oh, everything else picks up the slack fine'. More that a) legislative activity isn't easily quantified, and b) agencies are pretty productive at advancing and adjusting policy already. There are always new technologies that lack proper existing legal frameworks (e.g. drones), and the increasing rate of such technologies can indeed pose a problem for the pace of legislation in the U.S., but the fundamentals are pretty decently covered.
This is the argument I was trying to make about laws. A good law defines things in such a way that when somebody comes out with a related, but not identical, thing, the law still covers it fairly well. Then things like "flying in US airspace" can be controlled by an executive agency interpreting what the current laws want them to do, rather than needing a new law every few months. Then said agency sends reports to Congress who can debate in committee whether the law is working as planned.
I mean, I'm not saying that it's not okay for Congress to fail to reach a conclusion, or disagree on a bill, or what-have-you. I'm saying it's a problem when they can't even fund the goddamn government due to how much they'd rather fuck over the country than appear weak.
Well, in the case of Republicans, especially the hard-core fiscal hawks, getting spending to be less than tax receipts is paramount to staving off a looming national disaster.