Judicial Usurpation of Executive Authority Continues

This has been annoying me for some time now. Remember when that district judge ordered a preliminary injunction against Trump's prohibition against LGBT military enlistments? I delved a little deeper and, as briefly as possible, this is the analysis;

ISSUE: Does the Judicial Branch of the federal government have constitutional authority to require the Legislative and Executive Branches of the federal government to permit transgender persons to serve in the Military?

Article I, Section 8, clauses 11 – 13, delegate to Congress the powers to declare War, grant Letters of Marque and Reprisal, make rules concerning Captures on Land and Water; raise and support Armies; and to provide and maintain a Navy.

Article I, Section 8, clause 14, delegates to Congress the power “To make Rules for the Government and Regulation of the land and naval Forces;”

Article II, Section 2, clause 1, says, “The President shall be Commander in Chief of the Army and Navy of the United States…”

In Federalist Paper No 69 (6th para), Alexander Hamilton says:

“…The President is to be commander-in-chief of the army and navy of the United States. … his authority … would amount to nothing more than the supreme command and direction of the military and naval forces, as first General and admiral of the Confederacy…”

Thus, all powers over the Military which have been delegated by the Constitution are vested in the Legislative and Executive Branches of the federal government.

*The Judicial Branch has NO constitutional role to play in the organizing and operation of the Military Forces.

Pursuant to Article I, Section 8, clauses 11-14, Congress alone has the delegated authority to decide who may serve in the Military. If Congress issues Rules banning transgender persons from serving, then it is the President’s job, as Commander in Chief, to enforce those rules.

Accordingly, and as had insisted in a previous post on this subject, instead of participating in the litigation before the federal district court, the Trump Administration should instruct the federal judge on the long-forgotten concept of “Separation of Powers” and advise the court, “YOU HAVE NO JURISDICTION OVER THE MILITARY – WE WILL NOT PARTICIPATE IN THIS LAWSUIT". In short, Trump is within his constitutional authority to IGNORE the unconstitutional, usurpative ruling. PERIOD

Don't know who's advising Mr. Trump, but I suspect it's more of the same gaggle of modern day law graduates who know not a whit about the Constitution--or even care. A great disservice to our Chief Executive and to our republic.