The constitution (12th Amendment) seems to indicate that if the majority candidate were found ineligible, a majority for any candidate would not be found (unless they all voted, or a significant number of Obama delegates voted for McCain.).
It would then be thrown to the House of Representatives who would have to choose between the 3 next closest candidates (McCain, Barr, Nader).
BUT I’m not sure what would prevent the Congress from meeting and voting to change the definition in law of “natural born citizen” slightly (overlooking Stanley Dunham’s minority status, for example), and thus making Obama eligible. But this assumes that Obama finally makes his BC available, which he might not do. For reasons we may not understand.
A disallowance of ex post facto laws, would be one reason Congress can’t do that.
http://en.wikipedia.org/wiki/Ex_post_facto_law
You are assuming that his lack of natural born status is the ONLY issue.
There is more.......
Democrats need to be reminded, that if they change the natural born requitement, Ahnold could then run. They would not want that.
BUT I’m not sure what would prevent the Congress from meeting and voting to change the definition in law of “natural born citizen” slightly (overlooking Stanley Dunham’s minority status, for example), and thus making Obama eligible. But this assumes that Obama finally makes his BC available, which he might not do. For reasons we may not understand.”
That kind of change to the Constirution would require a vote of 3/4 passage from the individual STATES.
CONGRESS cannot do this on it’s own. No way. No How.