“If Obama is not legally allowed to be the National Command Authority”
Define “legally allowed”. As I said, the courts will define it as the Congress and the USSC having sworn him in means he is the lawful President. What you are saying is that each and every military officer must also agree he is the lawful President and I doubt anyone would agree that a President is only the President if Congress, the USSC, and every military officer also agrees he is. That would be giving the military officers the authority to decide whom might be President.
“Define Legal Allowed”
I did. Constitution bars anyone foreign born from being President. Not some US Code or regulation.
To change the Constitution, you have to craft, pass, and then ratify an Amendment to the Constitution.
That’s the definition of ‘Legally allowed.’
All SCOTUS does is determine whether the decisions of lower courts are Constitutional - that’s it. They can’t amend the Constitution after the fact and by themselves.
Congress can definitely amend the constitution, but the States all have to ratify it too. Good luck with that. I don’t see Utah or Oklahoma doing that anytime soon, for example.