>> They don’t have the Constitutional authority to nullify laws or force school busing, either. They could adopt one of their beloved implied powers if they really wanted.
Perhaps. But, they would be usurping a power explicitly granted solely to another branch. I hope most on this board would not support such a Court usurpation — as we will certainly reap what we sow.
SnakeDoc
“Perhaps. But, they would be usurping a power explicitly granted solely to another branch. I hope most on this board would not support such a Court usurpation — as we will certainly reap what we sow.”
That’s not as clear as you make it out to be. One could make the argument that he was never president in the first place, that in fact the office has been vacant since Bush’s term was up. Biden would then ascend to the presidency, since Obama’s status could not affect his validity.
In fact, I have a hard time swallowing the idea that an invalid election can possibly lead to a valid president who must be removed by valid proceedure. Just because we all went along with his inauguration does not necessarily make him de jure president. However, this is all academic, and I’m not a legal scholar. Plus, I don’t particularly care about the BC issue.
Would they be?
Only if an ineligible person can actually BE President. The Constitution says:
The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment. ... The Senate shall have the sole Power to try all Impeachments.
...
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;
and
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
Notice there is nothing about removing a ineligible usurper. If he is indeed ineligible, he is not President, and thus that last clause does not apply. Nor is there anything removing an ineligible person, by impeachment or otherwise.
The Court would also have to untangle just who is President. I think they'd find it was the VP. The issue of the legitimacy of his election would be a separate matter, but since he is presumably eligible, and the proper forms were followed, I think that would stand. But he'd be even more neutered than a lame duck in November, December and early January following an election.