I would not disagree with that. But Congress is still the fail safe.
People are getting confused on Congresses responsibility on election certification. It’s real simple. If congress determined that Obama was eligible, they would merely say nothing and certify the election. Had they found him ineligible (AND HAD THE ***POLITICAL*** votes to do so), they would declare him ineligible and resolve the matter as the Constitution clearly points out.
Each state is different. But in the states where the question has been litigated the Courts have ruled that SoS have no responsibility to determine eligibility.