I think their fallback plan is something like this:Essentially, Obama is going to claim that he always thought he was an American and can't be blamed for the fact that his family lied to him, and that he shouldn't be punished for it through no fault of his own, and since so many Americans voted for him anyway we shouldn't overturn the will of the people regardless of what the Constitution says.Obama has already been caught in some "family lore" that was proven false [his uncle liberating concentration camps, being conceived because of inspiration from Selma]. He will claim that this is what he was brought up to believe, that he had no reason to think otherwise (despite admitted reservations regarding his mother's marriage certificate), and that he shouldn't be punished for the lies of others.
Essentially, he's going to throw himself at "the mercy of the court" of public opinion, and get a pass on Constitutioinal requirements. He may throw in a little race-bating while he's at it, saying that many African-Americans can't trace their true heritage because of slavery, so why should he be kept from attaining the highest office of the land because he can't trace his birth facts?
-PJ
You’ve nailed it well.
Essentially, a “functional” if not a natural born citizen.
Penumbras and all that. A living Constitution. Can’t be encumbered by nasty facts.
If the SCOTUS can fall for an “argument” as you described, there is no longer any legal system at all in the US!!!