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.”
The President elect who failed to qualify was never supposed to act as President. And if it is ever found that he didn’t qualify he is Constitutionally disabled from acting as President. If they found out today that Obama was never eligible he could not do one more Presidential thing, and the stuff he had already done would have to be sorted out by a court, IMHO.
The counting of the electoral votes is just that and nothing more: the counting of the electoral votes. Congress has no legal choice but to accept whatever electoral votes are properly certified by the States. So what’s your big deal about that? So they can count. That’s all it is. Getting the electoral votes simply means that someone was elected. They became the President elect. QUALIFYING is a totally different matter, as the 20th Amendment makes abundantly clear.
But we’ve been over this so many times the carpet is already worn out. You’re never gonna get it and there’s nothing you can say that is gonna negate what’s in the 20th Amendment so I’m never going to agree with you