Well, if you see that as the question, the answer is simple: Yes!
Obama is the president.
Aside from impeachment, there isn't any constitutional way to remove a healthy and living president from office, for any reason. Period.
Let Boehner know how you feel. The House is the only government body that can help with this problem. The Court doesn't know that trick - it cannot remove healthy, sitting presidents from office, ever.
But that doesn't preclude SCOTUS ruling on the matter. See Marbury v. Madison, where, after much argument, the Court concluded it was powerless to grant the relief requested. Or see cases where the Court delineates the "political question" boundary, and refuses to render an order. It could take up eligibility, if it wanted to, and thought the issue was more important than the cases it does decide to take up.
Do you have any reading comprehension at all? I just TOLD YOU that the question isn’t whether Obama is the President. It is whether the Constitution allows him to ever ACT as President.
The 12th Amendment refers to the VP taking over in the case of “constitutional disability”. The 20th Amendment disables someone from acting as President if they have “failed to qualify” by Jan 20th.
The question is whether Obama is Constitutionally disabled from acting as President.
Do you understand what I am saying? I’m not talking about whether he can BE the President but whether he can ACT as President; the Constitution distinguishes between those 2 things. For instance, a President cannot “act as President” until taking the oath of office. And a President elect is not allowed to “act as President” without first qualifying - which is something that can still not be done even after Congress is all done with their part of counting the electoral votes and certifying the electoral winner. Being the electoral winner is ONE of the requirements that has to be met before a person can even BE the “President elect”; “qualifying” and taking the oath of office are required before the President elect can “act as President”, even if they automatically become the President at noon on Jan 20th.
If you can’t comprehend this then I’m not going to waste my time trying to talk sense to an ice pick.