“Given such a ruling by the SCOTUS, the US military would have the final de facto say regarding who is, or is not, POTUS. Based on past history, they would probably back the SCOTUS. They probably wouldn’t have to do anything other than state that, based on the SCOTUS ruling, they no longer recognize Obama as Commander in Chief. Were that to happen, the debate would be over (with apologies to Al Gore.)”
Even though I privately (never openly in public in my name) question the constitutional eligibility of POTUS Obama (in my “opinion” being the son of an alien is enough to disqualify). I must tell you that a SCOTUS decision would be a step in the right direction to depose a sitting POTUS. However, as a member of the military, reservist in my case, I would NOT support (nor participate in) deposing a POTUS until the congress properly impeaches him in the House and convicts him in the Senate. The SCOUS has no power to remove any POTUS, only to rule on the Constitution. If the Congress fails to properly act on that SCOTUS decision, I (IMHO) cannot act. For me to do so would be unconstitutional. I cannot violate the constitution to uphold it. Also, this is NOT a banana republic. The military cannot take sides, it is too dangerous a precident. The military take orders from the CINC and the chain-of-command flowing down from that office. Until that person is constitutionally removed, regardless of personal feelings of like or dislike, the sitting POTUS is in charge.....anything else is dangerous anarchy. You don’t want this to happen.
bukp
(I would hope that in so ruling, the SCOTUS would rule on who is and has been the legal POTUS since 1/20/09.)
Any law officer, military member, any citizen who had sworn to uphold the COTUS would then be able, d--d near obligated, to go arrest that man and at the very least expel him from the office and the house.
Even with a Congress consisting entirely of Republicans, you'd be waiting for an event that, legally and logically, could never happen. Once SCOTUS rules as mentioned above, all that remains is for those who depend upon the authority of the POTUS to legitimize their official activities to respect the Constitutional chain of command by giving full weight and effect to the decision of the SCOTUS.
The oath you swore, just as I did, many times over, is to the CONSTITUTION (and thus to the People, the bedrock of its authority), NOT to the government, the President (though you did swear to obey his LAWFUL/CONSTITUTIONAL orders), SCOTUS or the Congress. If competent authority (SCOTUS) says the “man” is a usurper, that, in my mind, is enough to act on. ESPECIALLY so if the Congress refuses to act in that situation.