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One thing I would dispute is that Obama’s presidency is illegitimate, because he was sworn in as president by the SCOTUS. It was their job to look into his eligibility and there was a perfectly good set of cases winding their way through the courts and on their doorstep at the time, such as Berg vs. Obama. But the SCOTUS abdicated their responsibility to the constitution and to our nation by swearing him in. Consequently, Obama really is president, we’re stuck with him unless the SCOTUS takes on the challenge. Not bloody likely.

Yes, I do see your point, Kevmo! Still, I have to believe that the SCOTUS is not "above" the Constitution; they are not the ultimate authority. They swore an Oath to it, to in effect be bound by it. If they become oath-breakers by swearing in Obama (and I don't think this is necessarily so), then what would be the moral effect/constitutional legitimacy of that act?

Then again, perhaps the Court felt it appropriate not to insert itself into what is essentially a political process — a national election. I don't believe that the Court has a role in determining presidential qualifications at all. Other parties have primary responsibility — preeminently the Speaker of the House in making certification before the Electoral College.

Remember the first time Obama was sworn in, when Chief Justice Roberts supposedly flubbed his lines? And then they had to do a re-do the next day?

The first time, I thought that the Chief Justice was just being ironic; and if anyone was "flubbing," it was BHO. Do you remember the way Roberts leaned in at the end, and the way he expressed the "so help me God" as a question, with a pronounced rising tone?

It seems Chief Justice Roberts may be a bit of a skeptic about Obama's qualifications for office. But he did swear him in.

Whether that makes Obama "legit" all by itself is simply doubtful to me, on the theory that "two wrongs never make a right."

Anyhoot, neither you nor I is going to settle this question, dear Kevmo!

Thank you ever so much for writing!

I missed the inauguration and had no interest in watching a rerun, but your take on what happened is very engaging, dearest sister in Christ!

With the balance of powers being what they are, I'm not sure how the government would cope should Obama be found illegitimate so late in his presidency. But I'm fairly confident that many would raise the legitimacy of acts he signed into law, executive orders, etc.

The Supremes might not be able or willing to touch such cases considering the one raised earlier on this thread, but that would not prevent Congress from enacting new law even retroactively (as it does with the tax code.)