[Perdogg]

the courts do not determine who is president and who is not president. Bush V Gore did not decide the election of 2000. Bush would have won regardless. Where in the constitution does it permit the judiciary to remove an executive? It doesn't. In order to do that the executive must be impeached and found guilty by the US Senate.

[BuckeyeTexan]

Impeachment isn’t the only way to remove the president. See previous discussions on Quo Warranto.

Additionally, if Obama were deemed ineligible to hold the office then the court could theoretically order him to vacate the office as he is illegally occupying it. There would be no need to impeach him as impeachment is a method to remove a legitimate president.

[El Gato]

Where in the constitution does it permit the judiciary to remove an executive?

The Constitution declares that:

No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;

If someone is not eligible, how can they *be* President?

They can't. The Court's job is, in part, to enforce the Constitution. Congress can only impeach a President, which no one not "eligible to the Office of President, can logically ever be.

Unfortunately the Founders did not imagine someone not eligible being installed in the Office, so they provided no mechanism for removing such a usurper.