And if that person is acting President without legal auhority? Who removes a usurper?
Judge Carter made the assumption that there is someone in the oval office that meets the Constitutional requirements.
Who's job is it to determine Barry is a "natural born Citizen?" Is that Congress's job?
The 12th Amendment states that whoever receives a majority of the votes of the Electors “shall be the president.” The only other constitutional requirement is taking the Oath of Office. No court and no action of Congress has ruled or found Obama to be ineligible. Congress sends him bills to sign and Congress confirms his nominees. He’s the president. A usurper needs to be stopped BEFORE the Joint Session of Congress certifies the Electoral vote. That’s what Judge Carter was saying.