However, History is replete with illegal, illegitimate, and usurping holders of offices high and low, to which they have no right. Obama is one such character.
The wicket becomes stickier when considering the laws, regulations, and orders issued by the usurping office-holder. Of course, the successors to the usurper may quite legally wipe the record clean of all his deeds. The hard part is, they may decide not to.
for example, what if Obama is succeeded by Hillary (which I maintain has been the PLAN all along)? She will seek to solidify the changes made by the usurper ... and she will quite legally hold the office.
Gato, you and I have lived through a fairly successful anti-constitutional coup. Undoing it means Hell to pay.
Once it was determined that he holds the office illegally, then de jure he's not President
Yes he is. He would unfortunately still be President. Just not de jure. The finding of the court can be acted upon by Congress to Impeach and Convict. Or, Congress can decide not to do that, even if it flies in the face of popular opinion. Of course, IF the "ineligible" ruling came down, they probably would toss him out on his ear. It's just that there is nothing "automatic" about it.
Once it was determined that he holds the office illegally, then de jure he's not President, and no one need obey his orders nor any laws he signs.
Now there, there is a truly interesting hypothetical situation! I.E., The interim between the court ruling and his impeachment and conviction. Of course, he should resign immediately after such a finding, but since he's a Marxist, I doubt that he would!
IMHO, some laws would be reinstated by special "reinstatement" sessions, and some would not. The spectre of this legal mess has had the effect, IMHO at least, of dampening any enthusiasm for throwing the half-breed Marxist out before 2012.
Congress has no power to "waive" the Constitution, and their action in certifying the electoral votes does not make someone who is not eligible under the Constitution, suddenly able to lawfully hold the office.
In brief, my theory is that he holds the office, although not lawfully. We all know that he is illegitimately in office, however, no court has yet agreed with us, and probably will not until after 2012.
I think it could be done with a single law, signed by acting President Biden. It would say something like "all laws passed between 20 Jan 2009 and that date, are hereby repassed. The R's might grumble, but I think they'd go along. So I think that bugaboo is overblown.
Yes he is. He would unfortunately still be President. Just not de jure
There is no other way to *be* President, than de jure. Once it's determined that the officer occupant is not President de jure, he cannot be impeached, because Congress was only delegated the power to impeach and remove Presidents, Vice Presidents and and all civil Officers of the United States. That has to mean "de jure". Now Congress could pass a resolution, or even a law stating that the usurper is not President, but it would not be an impeachment, because he would not fit any of the Constitutional categories.
We all know that he is illegitimately in office, however, no court has yet agreed with us, and probably will not until after 2012.
Mores the pity. Might get to be nut cutting time, well before then. Being rid of him might prevent that from happening.