But, in Obama’s case, he was Inaugurated. A court can’t “undo” an Inauguration. It’s as simple as that.
“If Obama failed to qualify in accordance with the US Constitution it’s a simple as that.”
Not one of 535 members of Congress objected to the official certification of Obama’s Electoral votes. If any one Senator and any one Representative had submitted a written objection to Vice President Cheney, an investigation into his eligibility would have been initiated but no one objected.
There was a Constitutional remedy. It was not utilized. Now its too late. The Courts will not get involved due to separation of powers.
I suppose this German paper stapler on my desk, if it was voted into office as US president by popular and electoral vote, who received no Congress objections or that all objections failed, the Paper Stapler would be duly the United States President. And only Congress could remove the Paper Stapler from office through impeachment and Senate vote, even though, clearly the Paper Stapler is not constitutionally qualified to hold office.
However, even after the presidential inauguration, a constitutional remedy does exist in the 20th Amendment.
The courts could compel Congress to act by finding that the De facto Paper Stapler, acting as president, has no US Constitutional legitimacy and no authority after Congress clearly failed to follow or abide by the supreme law of the land.
At that time, president Paper Stapler would be less than a figurehead at the head of the Executive Branch.