First time I have heard your “flaw in birtherism” theory. I never noticed that particular “determination” advanced by those you denigrate as “birthers”. Really, that is the very first I have heard of that.
Of course I haven’t read more than maybe 10% of the posts and comments on this forum re the topic. If that much. You have probably spent more time commenting on birther topics than I have.
You didn't know that the birthers have been requesting the courts to assist them? You've got some catching up to do!
In post 626 (above) Nero Germanicus has compiled a list of some of the lawsuits that have been filed. In general, the birther lawsuits have urged the judiciary to intervene into our presidential selection system either to disqualify a candidate from running for president or to overrule the eligibility decisions of presidential electors. The text of the Constitution does not provide the federal judiciary with any role in our presidential election system. There are no provisions authorizing judicial review of elector decisions. The federal courts have consistently declined to accept this new judicial role that the birthers proposed.
Ted Cruz - 2016