But if a man is constitutionally ineligible to be the President, how is he then a “sitting President” who can only be removed in the manner that a man occupying the office who is eligible must be removed. The question remains one of why the de facto doctrine would not apply to a man occupying the office of president just as it would to a lesser official appointed or elected in violation of the Constitution? Would it not be a question of applying the Constitution and declaring what the law is to expose the lack of de jure authority rather than removing someone who does have such de jure authority? Your assertion, I believe, assumes the de jure status that is at issue.
But if a man is constitutionally ineligible to be the President, how is he then a “sitting President” who can only be removed in the manner that a man occupying the office who is eligible must be removed. The question remains one of why the de facto doctrine would not apply to a man occupying the office of president just as it would to a lesser official appointed or elected in violation of the Constitution? Would it not be a question of applying the Constitution and declaring what the law is to expose the lack of de jure authority rather than removing someone who does have such de jure authority? Your assertion, I believe, assumes the de jure status that is at issue.
Impeachment and trial in the Senate is the remedy. Once a candidate’s electoral votes are certified and he or she is sworn in, that’s that. It was the job of Congress to stop an alleged ineligible candidate’s Electoral votes from being certified. Once they are certified, he’s eligible. And once he’s sworn in, he’s president.
I’m sure that you’ve noticed the seven lawsuits (Berg v Obama, Craig v US, Donofrio v Wells, Herbert v Obama, Lightfoot v Bowen, Schneller v Cortex and Wrotnowski v. Bysiewicz) attempting to challenge Obama’s eligibility that have reached cert conferences at the Supreme Court seeking Writs of Certiorari. Every one of them has been rejected by the Supremes without comment. That’s because of separation of powers. Only Congress has the power to remove a sworn in president from office. The Constitution is mute on ineligible candidates assuming office.
Finally, the state of Hawaii has vouched for the authenticity of Obama’s birth records. Unless and until some new information comes to light, Barack Hussein Obama II is over 35 years of age and was born in Honolulu on August 4, 1961 at 7:24 p.m.