It doesn't really matter if you do. Every court in the land recognizes that a government cannot behave unconstitutionally simply by not passing legislation in support of its unconstitutional acts.
Now you're just going around in circles. You start off with a premise - that his action is unconstitutional - and then use it to "prove" your conclusion that...his action is unconstitutional.
I explained my reasoning, so now it's time to explain yours, if you can.