Too many people give too much deference to the "courts."
The Courts got steered wrong by William Rawle, and they have never recovered from the damage.
I agree. It’s not rocket science. We elect our commander-in-chief. Art. II, §1, Cl. 5 natural born citizenship clause is the only Presidential requirement that directly addresses this point.
Re: 81 - to me, this really is a function of the Legislative branch doing less and less of what it did in the past - legislate. That vacuum invites the Executive and Judiciary (depending on judicial philosophy) to become more engaged.
Issues like Chevron deference would not be the issues they are if the Legislative branch made modifications to laws.
I don’t see the Congress acting different until one party or the other gains more of a majority.