If the Constitution required Joe Biden to “act as President” but instead *I* chose a Sec Def, conferred with my Sec Def, and gave orders to send additional troops to Iraq - causing the entire military structure to coordinate movements and deployments in implementation of that order.... would you say that the effects of what I did were unconstitutional?
Or does the military have to do whatever any fool who pretends to be CINC tells them to do - all with the Constitution’s blessing? What person would the military NOT have to obey if that person had the audacity to pretend they were CINC and the senior leadership did what he/she said?
And if the senior leadership choosing to obey somebody besides a Constitutional CINC is binding on all the military, then how can those military leaders say they are NOT usurping the power of the Constitution? People keep saying that we don’t want our military deciding Constitutional issues. But when the military structure implemented Obama’s orders AGAINST THE CONSTITUTION which only allows Joe Biden to “act as Presidnet” (if it even allows Biden; depends on whether Congress’ unlawful electoral certification is legally binding) aren’t they taking the Constitution into their own hands? Aren’t they usurping the authority of the judiciary?
If it would be unlawful for them to declare Obama to NOT be the CINC because that would usurp the role of Congress and the courts, then wouldn’t it also be unlawful for them to declare Obama to BE the Constitutionally-acting CINC when court cases are still pending for the courts to decide precisely that? If they don’t know that Obama is authorized by the Constitution to act as CINC, don’t the top leaders have a duty to await the court’s decision?