“I understand your argument, my opinion is that SCOTUS would reject your argument”.
And rightly so seeings how there is only 1 way to remove a President. Read the Constitution. He could murder somebody on the whitehouse lawn and the judicial system won’t do jack about it because he has to be impeached first before prosecuted — not that in that event anybody would follow his orders anyhow, perhaps just his Koolaid Kadre.
An ineligible POTUS is never supposed to be allowed to “ACT AS PRESIDENT”, according to the 20th Amendment. It can be debated whether he/she actually can BE president, given that the Constitution says that nobody shall be eligible to the Presidency unless the right age, the right residency, and the right citizenship status. But whether or not he/she IS the President, that person if ineligible is not to be allowed to act as President. Congress was supposed to come up with a line of succession for who should act as President if neither the President-elect nor VP-elect were eligible to do so as of January 20th.
IOW, whether Obama WAS President as of Jan 20, 2009 was irrelevant. The 20th Amendment forbids him from being able to ACT as President unless and until he meets the Constitutional qualifications (age, residency, and citizenship). And he has NEVER met those requirements.
>> He could murder somebody on the whitehouse lawn and the judicial system won’t do jack about it because he has to be impeached first before prosecuted
Who a ridiculous assertion.
Art II does not delegate to Congress determinations of eligibility. Questions regarding constitutional provisions are decided by the Supreme Court, not Congress.