[layevymed]

In which case theyre legally constitutional till someone with the authority says otherwise. The constitution does not give power to the President to nullify laws passed by congress (and himself in this case).

Not so at all. An unconstitutional enactment is always void on its face. That's not even my opinion...that's a well settled fact not only by the judiciary but self-evident explanation.

The judiciary makes the binding determination what enactments might be unconstitutional. If someone makes a challenge, the court has created a standard of review of presumption of constitutionality and placing a heavy burden of persuasion upon the challenger. That said, an unconstitutional law is never constitutional until a court says otherwise. The court is merely declaring a fact that's been in existence since its inception. A law cannot be enacted in violation of the constitution, and any such enactment has always been void on its face because it is an attempt to do something it had no power to do in the first place.

The constitution even specifically says they can make laws about the executive.

Congress shall have the power...To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Since the Constitution doesnt say anything about the president creating positions, the congress can make whatever laws they want creating or prohibiting positions. (bolding added) That misreads the Necessary and Proper Clause. If anything, an attempted law seeking to expressly or effectively deny POTUSs from performing their executive powers does the exact opposite of performing what is necessary and proper....it undermines and denies them by direct means or frustration of purpose. It's also incorrect that the executive is not empowered to create positions.

Powers of Appointment

The President of the United States has several different appointment powers.

Before taking office, the President-elect must appoint more than 6,000 new federal positions. The appointments range from top officials at U.S. government agencies, to the White House Staff, and members of the United States diplomatic corps. Many, but not all, of these positions are appointed by the President with the advice and consent of the United States Senate.
The President also has the power to nominate federal judges, including members of the United States Courts of Appeals and the United States Supreme Court. However, these nominations do require Senate confirmation, and this can provide a major stumbling block for Presidents who wish to shape their federal judiciary in a particular ideological stance. The President must appoint judges for the United States District Courts, but he will not often defer to Senatorial courtesy in making these choices.

As head of the executive branch, the President must appoint the top officials for all of the federal agencies. These positions are listed in the Plum Book which outlines the 700,000 bureaucratic positions that the President has the right to fill. In the case of ten agencies, the President is free to appoint a new agency head at his pleasure. For example, it is not unusual for the Director of the Central Intelligence Agency or the NASA Administrator to be changed by the President. Other agencies that deal with federal regulation such as the Federal Reserve Board or the Securities and Exchange Commission have set terms that will often outlast the time a President sits in office. For example, the members of the Federal Reserve board serve for twelve years. This is to ensure that these agencies can act independently of political control. The President also appoints members to the boards of directors for government-owned corporations such as Amtrak. The President can also make a recess appointment if a position needs to be filled while Congress is not in session.

In the past, Presidents had the power to appoint all members of the United States civil service. This use of the spoils system allowed Presidents to reward political supporters with jobs. Following the assassination of President James Garfield by Charles J. Guiteau, a disgruntled office seeker, Congress instituted a merit-based civil service in which positions are filled on a nonpartisan basis. The Office of Personnel Management now oversees the staffing of 2.8 million federal jobs in the federal bureaucracy.
The President must also appoint his staff of 1,800 aides, advisers, and assistants. These individuals are political appointments and are not subject to review by the Senate. All members of the staff serve, "at the pleasure of the President."[1] Powers of the President of the United States - Wikipedia, the free encyclopedia
Article Two of the United States Constitution - Wikipedia, the free encyclopedia