[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.

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?

[edge919]

But that does not mean that all orders of all kinds come from the CinC.

I don't disagree with this. There are certainly a multitude of functions within the military that are discretely independent and separate from the chain of command. Jensen went a little overboard in saying that all authority flows through the commander in chief (although there have been quotes from either the UCMJ or other military manuals that basically reinforce this general idea). For example, the authority to convene a court martial can originate from the president, thus it seems plausible that a servicemember could challenge that authority on the basis of an ineligible president.

Then by your definition every order given by every officer and NCO flows up to Obama.

I didn't say that. The court suggested that whatever shared authority exists within Congress and SecDef, etc., somehow overrides or substitutes for any presidential authority (basically treating him as figurehead with no discernable authority).

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?

An ineligible, illegal president compromises our entire military structure, so if there is no accountability in Congress or the courts, then it might be the next best recourse for the military to disobey the fraud in the White House. It's an extreme measure, yes, but perhaps this is the only way to really do the right thing. Obama fits the definition of a domestic enemy by failing to prove his legitimacy. There would appear to be an obigation for our military to intervene on behalf of defending the Constitution.