From a political perspective, please explain what a “win” would look like.
A court finds the president ineligible...what is it that you think would happen as a result? Impeachment? Court ordered removal from office?
I'd seriously like to know.
From a political perspective, please explain what a “win” would look like.
A court finds the president ineligible...what is it that you think would happen as a result? Impeachment? Court ordered removal from office?
I’d seriously like to know.
Here’s a partial answer to your question from a federal judge:
“There may very well be a legitimate role for the judiciary to interpret whether the natural born citizen requirement has been satisfied in the case of a presidential candidate who has not already won the election and taken office. However, on the day that President Obama took the presidential oath and was sworn in, he became President of the United States. Any removal of him from the presidency must be accomplished through the Constitution’s mechanisms for the removal of a President, either through impeachment or the succession process set forth in the Twenty-Fifth Amendment. Plaintiffs attempt to subvert this grant of power to Congress by convincing the Court that it should disregard the constitutional procedures in place for the removal of a sitting president. The process for removal of a sitting president–removal for any reason–is within the province of Congress, not the courts.”—US District Court Judge David O. Carter in dismissing “Captain Pamela Barnett, et. al. v Barack H. Obama, et. al.,” October 29, 2009
The resignation of Richard M. Nixon in accordance with the 25th Amendment and the impeachment of William J. Clinton by the House of Representatives were both accomplished through the mechanisms of Grand Jury investigations for criminal offenses.
The impeachment of President Andrew Johnson was purely a political matter conducted in Congress. Johnson was impeached for violating the Tenure of Office Act.
Obama can lose a civil suit and look bad politically so that he resigns. However losing a civil suit would be appealed and appeals could take years to resolve.
Obama can be indicted for a criminal offense such as forgery or fraud and that can become the grounds for drawing up Articles of Impeachment in the House.
Obama can be indicted for a criminal offense and he can become such a political liablity to Democrats that he is forced to resign.
A court finds the president ineligible...what is it that you think would happen as a result? Impeachment? Court ordered removal from office? If he is ineligible, he's not the President, by definition. Thus impeachment would not be needed nor be permissible.
Since he would no be President, no one would or should follow his orders. Any laws he signs would not be valid because they were not signed by the President.
How much of that would be retroactive, is another question.