[Nero Germanicus]

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.

[butterdezillion]

Have you read the memo on Presidential eligibility by the Congressional Research Service?

They mentioned two of the “political” avenues for addressing eligibility: states governing their own election procedures, and Congress certifying the electoral vote.

One of those things was given as a DEFINITE Constitutional avenue for eligibility to be addressed, and the other was considered a POSSIBLE avenue.

Which one was definitely a Constitutional avenue, and which was speculated to be a possible Constitutional avenue?

[BuckeyeTexan]

One cannot be a usurper prior to entering the office. But to your point, Judge Carter either ignores or is unaware of the legal mechanism that Congress put into place to challenge the eligibility of a member of the executive branch to hold his office. Congress granted authority to the U.S. District Court for the District of Columbia to challenge a usurper through a writ of quo warranto.