The 20th Amendment says that if a President elect “failed to qualify” by Jan 20th then the Vice President elect is to “act as President until a President shall have qualified.”
Period.
This isn’t just that Obama didn’t SHOW his legal documents; he doesn’t HAVE any. Legally, he has nothing. Zilch. Zip. Nada.
And instead of revealing that to the world his campaign posted a forgery online, and he proceeded to conceal from the whole world the fact that he knew it was a forgery all along. He committed a federal CRIME in order to cover up that he has no legal documentation.
You can say that if the Constitution doesn’t say every jot and tiddle of how the qualifying has to be done then this or that, but the fact of the matter is that Article III of the Constitution gives the responsibility for deciding what the Constitution means and how it applies to specific instances TO THE JUDICIARY. Neither you, nor I, nor Congress, nor a military judge can do that. Only the federal judiciary.
That means that the military has NO IDEA whether the orders issued since Jan 20, 2009 are lawful. They CAN’T have any idea; that is beyond their authority and would violate the separation of powers. That is why when Lakin started asking questions about it, it was their duty to file a case with the judiciary in order to get a ruling on it. They should have cared just as much as Lakin, whether the chain of command was acting contrary to the Constitution. The fact that they didn’t give a rip speaks badly of the entire military leadership.
The current Congress isn't going to do it.
This could be Speaker Boehner's first order of business. Is he legitimate or just another political hack?
We'll see.