As apropos to your name, this argument is a non-sequitur. Congress's shared constitutional authority doesn't make the authority of an ineligible president/CinC irrelevant, especially when we have a surge that was ordered directly under his authority. Congress is NOT the commander in chief, so there is plenty of relevance to having a commander in chief who is a fraud. Second, the statutory description of the SecDef specifies that he is at the discretion and direction of the president. Ignorning this part of the chain of command is idiocy. Why would we admit to a chain of command that includes Congress, the SecDef, Secretary of the Army and all the officers in between, but not the president?? Even you would be honest enough to admit this was terrible reasoning on Lind's part, no??
But that does not mean that all orders of all kinds come from the CinC. Lakin was charged with refusing to obey the lawful orders of three superior officers. Obama eligibility or ineligibility had no bearing on whether those orders were lawful or not. Obama could be unmasked and removed from office tomorrow and those orders would still be as lawful then as the day they were issued.
Ignorning this part of the chain of command is idiocy.
Then by your definition every order given by every officer and NCO flows up to Obama. And if he is ineligible then every order given is illegal. So by rights nobody should be obeying any orders at all given by anyone in the military until the matter is settled. Does that about sum it up?