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This rests under the assumption that the power of Congress, "to make Rules for the Government and Regulation of the land and naval Forces," trumps (heh) the president’s role as “commander in chief of the army and navy of the United States.” The opinion spends ample time dispelling the notion that congress can regulate the president’s article 2 powers. Why do you assume that regulations on what kind of orders the president can issue acting in his constitutionally mandated role as commander in chief are constitutional? You say this has been litigated, but where? Who would have article 3 standing?
Because making Rules for the Government and Regulation of the land and naval Forces, which is what establishes the authorizations and limits to the military, is not preclusive to the Commander of Chief.
The Trump v. United States opinion makes no claim that all of the President's official acts fall within the conclusive and preclusive authorities. From the opinion-:
Given this is literally page 2 of the opinion, which explicitly expands the area in which Congress can regulate Article 2 powers to all scopes on conduct in where his authority is shared with Congress, I propose that the notion that the Court dispelled the notion that Congress can regulate the President's Article 2 powers to be itself dispelled instead as a misrepresentation of the Court's position. An erroneous motte for a much more banal bailey: Congress can regulate what it has the power to regulate, which is not everything the President is empowered by the Constitution to do.
Article 1, Section 8 is still a thing, as are all the military-related aspects of it, which would not be preclusive to the President.
Defense appeals to following orders in the course of unlawful conduct has been as old as corruption within the military and/or war crime defenses, so take your pick. Congress's right to dictate what is / is not law regarding the military regardless of what the Executive prefers is demonstrated through all the military-governing legislations ranging from UCMJ to the late Cold War intelligence community reorganization to basing and expenditures. The standing comes via all normal standing principles.
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