Like hell they have. I was going to say they didn't punt, they fumbled. But in reality they didn't even show up on the field.
You're completely wrong.
The Congress met in a special Joint Session on January 5, 2009 to examine the matter, with Richard Cheney of Wyoming in the chair.
As prescribed by Article II and Amendment XII, the electoral votes were scrutinized, and Barack Hussein Obama was certified as President-Elect.
As per the Electoral Vote Counting Act, an objection by one Senator and one Member of Congress was necessary to investigate further, but no objections were raised. Vice-President and President of the Senate Cheney was free to object, and he did not do so.
Congress showed up, they did their duty, and the result was unanimous.
As a result, Obama is legally President and legally C-in-C unless and until he is shown to be ineligible. His orders are completely and totally lawful (to the extent that they comply with Article II), and disobedience by a service member is a crime.