I believe the point you are trying to make is that, as of Nov 4, 2008, the only qualification for being POTUS (our Constitution not withstanding) is
birth as a Federally defined minority.
I tend to agree with that assertion (well, since I made it first.)
No, I think that if this worst-case (for him) scenario had been established prior to the election, it might have stopped him. But the fact of his having been elected by the people gives him a great deal of standing as the next POTUS.