Despite what the government schools have taught us, silence does NOT imply consent when it comes to the Natural Rights of the People, as those Rights are the purpose for which it was instituted to preserve.
There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only what their powers do not authorize, but what they forbid.
The Federalist Papers No. 78, Alexander Hamilton
As the 3 branches of government are separate, but equal, I see no logical reason why Hamilton's words would not be applied to the Office of the Executive as well.
The only rhetorical answer I can come up with is that the GOP wants to be able to exercise the same power when next they are in office.