The twentieth amendment, section three REQUIRES that Congress ensure the eligibility status of a President elect and if he/she is ineligible to serve, must name a replacement.
The burden of proving eligibility is on the President elect . This means that there is no way that someone who cannot prove eligibility can LEGALLY serve as President. If Congress does not have the answer as to whether or not Obama is "legal" or not, then the mere absence of such evidence is proof that he is in fact illegal.
What can be done? My opinion is that we are still not under the beginning of a Presidential term in office because such a term can only begin with a legal President. This means that section three is still in play and anyone under the oath of office from Article six can demand to see documentation that Obama meets the eligibility requirements for President.
Thats not what section three says. Here is the text:
If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.
All it does is say how Congress will appoint a new President if the current doesnt qualify. It does not mention who is responsible and it does not require Congress to ensure eligibility.
Good luck with that.