This is where we musty sadly part legal company. He is exercising every prerogative of the office. He is the CIC. He is the de facto POTUS, and is, running the military, our foreign policy, and as is painfully obvious, the country. I have no doubt that he is ineligible. De facto, not de jure.
He cannot be removed except by impeachment and conviction in Congress. If the the SCOTUS rules on the appeal of the Writ of Quo Warranto, and finds him indeed to to be ineligible, they cannot order his removal.
That still is the sole prerogative of Congress. They may, or may not use the SCOTUS ruling in anyway they see fit.
Think of a real estate transaction, in which you take title to a home with a non-disclosed flaw. Your real estate agent failed in his due diligence. You own that property. You can sue the former owner who knew about the problem, you can sue your real estate agent for either knowing and not disclosing, or even for never knowing, and you can win. You will be made whole. But the house remains yours. Obama is your house. You will win, but in a time frame not to your liking, perhaps well after 2012 has come and gone.
We have lived to see a temporarily successful, anti-constitutional coup. If we are tempted to solve it by extra-constitutional means, we would be just as bad as Obama.
Concentrate your considerable energies on getting the GOP in shape to hobble the usurper in 2011 1nd 2012.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.
How can someone not eligible to an office hold it, other than de facto? It's a logical impossibility.
Yes he is the de facto President, but that would cease to be the case once it was adjudicted that he was indeed not eligible. No one would be bound to obey his orders, nor would he legitimately be able to sign bills into law, nor do anything else that the President may do.
How what he has already done would be handled is another matter, and even I'm not so arrogant to believe I have any clue how that would all happen. But it certainly would be fodder for whole generations of lawyers.
Think about this: When the Supreme Court declares a law to be unconsituttional, they don't repeal, just, in effect, order all lower courts not to enforce it. It's as if it never existed.