According to the Constitution Congress is the sole final legal arbiter as to the qualifications of the President Elect. They can vote to certify the election or they can vote not to certify it. If they determine that the president elect is not qualified, then the vice president elect takes on the office until such time as the president elect is determined to be qualified.
The Supreme Court is given no jurisdiction to intervene in this matter.
It is kinda funny how many people who have managed to read the Natural Born Citizen clause have failed to read or understand the meaning of the 20th amendment.
In this election the decision on whether or not Ted Cruz is "eligible" would and should be made by the electorate. Congress is not going to declare that Ted Cruz is not eligible if they ride into office on his coattails.
This is really a non-issue.
If you think Ted Cruz best represents your values and your ideas of Conservatism, then you should vote for him. If Congress dares to declare him ineligible after the electoral college, then President Palin can appoint him to the Supreme Court.
The role of Congress is ministerial, they count electors’ votes. Only in a special circumstance may they exercise any other power (Amend. 12). In no circumstance do they possess authority to determine who is and who is not eligible for the Presidency. Electors vote. In no circumstance do they possess authority to determine who is and who is not eligible for the Presidency.
Eligibility is not a political issue, is a question of law & fact. The facts regarding an individual are discoverable. For example, a persons age and residency are discoverable facts, as is their citizenship status. Questions regarding eligibility are within the exclusive authority of the Judiciary. Conversely, if it were a political issue, the eligibility mandate of Article II would be nugatory.