Avoiding the issue.
First, it was just a simple resolution, which had absolutely no force of law. Second, did you ever actually read it? You'd think they had never even heard of the Fourteenth Amendment. They weaseled around it just like you have weaseled around your claim that the US military was some sort of extra-constitutional entity, operating wholly outside the Constitution itself.
First of all, they assert that there really is no need to have the force of law in the first place. Secondly, they have read the Fourteenth Amendment.
I never claimed that the military operated outside of the Constitution; just that the Constitution recognized two different jurisdictions, procedures and exemptions for civilians and the military. McCain's father remained under the direct jurisdiction of the U.S. due to his status as a military officer.
For starters, what exactly is wrong about Tribe and Olson's arguments...? Please be specific.