You bring up a lot of stuff. And that's part of your problem with this case: courts don't deal with lots of stuff, they deal with the specific charge and statute at hand. They're just not going to get into what the Founders meant.
But you didn't answer my question. How does the military function if every individual member has the right to refuse orders until they "get the legal answers necessary for them to carry out their oaths"?
The military had almost 2 years to give Lakin answers before he realized they were never going to give him answers.
Why did the SecDef not file a Quo Warranto case on behalf of all his officers who didn’t know whether to obey orders from Obama, or from Joe Biden? Did the SecDef just take it in his own hands, to interpret the 20th Amendment? I thought the military wasn’t supposed to do that. I thought the military was supposed to refer any legal questions like that to the civilian courts. Why didn’t they do that? They had almost 2 years and did NOTHING, ZIP, ZERO, NADA.
If the military leadership would stop fellating the people who promote them, maybe we’d have some real men to represent the real men who are doing our fighting.