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.
The 20th Amendment says that if a President elect has “failed to qualify” by Jan 20th the Vice President elect shall “act as President until a President shall have qualified”.
What I’m saying is that the 20th Amendment says there is no way Obama can act as President. Period. Doesn’t matter if he became the President. According to the 20th Amendment only Joe Biden can “act as President” because Obama failed to qualify by Jan 20th. Obama doesn’t even have a legal age at this point. There is no way to know Obama’s legal age, because the birth certificate that he is claiming right now is from Hawaii - and that birth certificate has no legal value; he’s claiming documentation that cannot mean anything legally. That means he has no legal age. Did he “qualify” by being old enough? How can somebody without a legal age legally qualify by being a certain age?
Lakin’s judge is saying this issue is about REMOVING a president. It’s not. It’s about whether Obama could ever give lawful orders as CINC. The 20th Amendment says he can’t. Period.
If Congress wants to remove Obama because we’re stuck paying him when he is Constitutionally disabled from “acting as President”, that is their choice. But the fact of the matter - as we already know - is that Obama is Constitutionally disqualified from exercising any of the Presidential powers. Has been ever since Jan 20, 2009. Every attempt he has made to exercise the presidential powers was an unconstitutional usurpation of the powers that rightfully belong only to Joe Biden.