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You make a good point. But I wonder if the military is subject to the 14th Amendment. When I was active Navy (75-86), there were many restrictions on the 1st Amendment, on or off duty. There were military restrictions regarding other Bill of Rights amendments. Sorry, too long ago to remember the other restrictions.

So your theory may not apply, but there is always some Judge who issues an injunction to say otherwise nowadays. Obama ignored many; Trump doesn't.

I'm still flabbergasted (I'm that old -ha)that it took a USSC ruling to allow the Commander in Chief of the Armed Forces to ban mentally disturbed transgenders to serve. Believe there is one lawsuit still outstanding, but with the Supremes ruling, it is going nowhere.

While the Founding Fathers could not foresee the future and could have been more specific on certain issues, the Constitution couldn't be more clear that the President/CIC has ultimate authority over the Armed Forces. That said, I'm not good with the Congressional "War Powers Act" that gave the President the ability to invade without a declaration of war.

Sidenote: Once Congress funds the military, I believe the CIC can use the funds for any national security reason. Think WALL!

While the Founding Fathers could not foresee the future and could have been more specific on certain issues...

I don't fault them for failing to see the absolute insanity that has engulfed a critical mass of society in this modern age. Who could have believed in a millions years that open, proud homosexual sodomy would be lionized in society 200 years later?

We might as well try to imagine heading off euthanasia of unwanted 5-year-olds today, just in case it happens.