The Constitution provides the judiciary to resolve unanswered questions resulting from the Constitution.
If the courts had done their duty this problem would not exist. If the judges haven’t been threatened into accepting theiscommunist coup then every last one of them who refused to take up the question should be impeached for refusing to do their jobs.
Calling it a “political question” as if the Constitution had given the duty to somebody else is the ultimate excuse. I’ve asked the folks here who support that arument, as well as the folks over at the UCMJ website, to show me what words of the Constitution specifically assign the task of interpreting and implementing the 20th Amendment to Congress.
Nothing. They know it is a red herring. They don’t even pretend to support their stance with the actual text of the Constitution - because they know it’s not there. They know that Article III gives this job specifically to the judiciary.
So the bigger question for me is why our judiciary refuses to do its job. I smell a big fat rat somewhere. Nothing surrounding this issue passes the smell test.
In response to your last line, whether Obama is the president or not is absolutely irrelevant. The 20th Amendment says he cannot exercise the presidential powers.
This is where we disagree and I think this is where you are finding disagreement with the courts. Unfortunately, we're going nowhere until WE, like the courts and nearly everyone else in the world, recognize and accept that Obama IS the president despite any doubts anyone might have about his qualifications. If we find an elementary school student driving a car, we shouldn't pretend he isn't driving just because we have doubts about his "qualifications" to drive. The judiciary's Chief Justice administered the oath. Maybe the courts could have and should have acted between the election and the inauguration, but Obama IS now the president.
The Constitution states that the House of Representatives has the "sole" power of impeachment. The Senate is the only body that can try the impeachment.
We have an election coming up in November. Come January, we will have a new Congress and I predict a new Speaker. Speaker Boehner and his members will clearly have the power to impeach Obama and can do so on the grounds that he isn't qualified to be president. Right after that, they can also, if they wish, impeach the Chief Justice and all of his associates for failing to more actively enforce the 20th Amendment.
But, Obama IS now the president and that fact has enormous consequences for anyone having doubts about his qualifications. That fact is anything but irrelevant.