“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.
>> 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.
One could make any argument one wanted. But, given that he had a substantial electoral majority, was seated by electors, was sworn in, and has been acting with Presidential authority for two months (including making a State of the Union address, signing legislation, nominating officials, and making executive orders) — it seems to me that argument wouldn’t hold up.
>> 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.
I am not convinced that he is unqualified. But, an unqualified individual can be legally seated (i.e. seated according to all procedural requirements) — thus requiring him to be legally unseated according to the procedural requirements of removing an individual properly seated.
Regardless of his BC status — he was seated according to the Constitutional requirements of seating a President. He must be removed Constitutionally.
SnakeDoc