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.)
The problem of the many having reservations about presidential legitimacy is that no citizen so far has managed to be granted "standing" in federal court. Ergo, there is no "release valve" at the level of the citizenry. Thus the problem continues to fester and metastasize....
In the ideal scenario, a State steps up to the plate, and challenges the authority of presidentially authorized legislation that intrudes on its sovereignty, while creating unfunded liabilities for the State that must be borne by its own citizens.
I'd give pride of place to Texas on this one. After all, Texas is the only sovereign nation-state that ever joined the Union. She did not join it to diminish the liberties of her people.
But it's just a dream, just a dream....
Dearest sister in Christ, you wrote, "but that would not prevent Congress from enacting new law even retroactively (as it does with the tax code)." Please elaborate???
Thank you ever so much, dearest sister in Christ, for writing!