I agree with your assessment, however, consulatation is not sufficient IMO for it to be a constitutionally approved action. When this goes bad, hopefully, we can get the Congress to do its thing and remove the turd.
Obama has done so many unconstitutional acts that this will just be added to the list and no action taken. The GOP lacks the cojones to hold this tyrant to account. He should have been impeached long ago. Yes, the Senate will never approve it, but the GOP controls the House and should proceed apace.