I'm sure the military judge will take their jobs seriously, and no doubt are aware of the Constitution. I'm equally sure that if LCOL Lakin and his team try a defense along the lines of your argument then they will be laughed out of court.
If a judge can invent the “doctrine of standing” out of thin air in 1923, then a panel of military judges can defend the constitution in 2010 and help enforce article II.
Really your arguement is the same as Judge Carter’s:
Statute Law and arcane procedure top the constitution.
I believe the constitution gave Carter the power to challenge Obama directly, and petty tricks and traps like the progressives love to pull be damned.