The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State,--between Citizens of different States,--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction.
"Judicial review" is about deciding the Constitutionality of laws. We're not talking about the Constitutionality of a law. And, we're not talking about an impeachment because that would require a "de jure" president, not a "de facto" president. Here are definitions of "de jure" and "de facto" to help you comprehend this issue accurately:
An officer de jure is a person who is legally appointed to exercise the functions of an office. A person will be appointed as an officer de jure if s/he fulfills the required qualifications to hold the office.
Do you see the underlined part about "required qualifications"??? Obama does NOT have those required qualifications because he is not a natural-born citizen.
"an officer de facto is one whose acts, though not those of a lawful officer, the law, upon principles of policy and justice, will hold valid so far as they involve the interests of the public and third persons, where the duties of the office were exercised ...
All that "de facto" means is that a person held an office, but was not necessarily qualified to hold that office. His or her acts would be upheld as lawful acts, but that person is not immune from being removed from office nor is that person entitled to be treated as a lawful occupant of that office. Just because the states gave "de facto approval" does NOT make Obama Constitionally eligible for office under Article II of the Constitution. If Obama was a "de jure" president, he would have to be impeached. Because he is only a "de facto" president, his illegitimate occupation of the office could be annulled by a court.
Not only does your argument subordinate the POTUS to the SCOTUS — which the Constitution takes great pains to avoid, it also usurps the power and duty assigned to Congress.
And your a little light on your analysis of Marbury v. Madison. You did original claim that it was “Judicial Review” that gave the power to remove the President.
Why don’t you draw me a road map where SCOTUS removes POTUS without impeachment.
Make it plain and simple, step by step with cites to the Constitution.
You can’t because they all end with Article 2 section 4.
And no, you still don’t get de facto and de jure. Your main impediment is that you keep on confusing law with the Constitution. They are not the same.
And I’m done beating this dead horse with you. Reality is on my side.
There is no ‘grand conspiracy’, there just isn’t a mechanism in place that does what you want to believe is doable.