The courts threw out the will of the people with CA’s Prop 8.
In fact, the courts do it all the time. And the 20th Amendment specifically says that if the people vote in a President who fails to qualify, that elected person cannot ACT as President. The Constitution itself asserts its supremacy over the Presidential vote. There’s no way to get around that, and I don’t understand why anybody would try. If they don’t qualify they cannot be President. It’s that simple. Otherwise the Constitution’s qualifications mean nothing.
The 20th amendment references the President-ELECT not the sitting president. Once the Oath of Office is administered there is no more President-Elect and the only recourse becomes impeachment and trial in the Senate.
20th Amendment Section 3: “If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.”
By certifying the Electoral votes of the President-Elect at the Joint Session of Congress, the legislative branch is saying that the President-Elect has qualified.
Under the provisions of the 12th amendment whoever receives a majority of the votes of the Electors (270 Electoral votes) “shall be the President.”