Candidate eligibility cases are heard virtually every election year in state courts, and sometimes even in federal court, all across the country. In fact, it's not uncommon at all. The most frequent challenge to a candidate's eligibility comes when a candidate perhaps doesn't live a the appropriate district, or county or city or that the candidate didn't acquire the requisite number of qualifying petition signatures and his/her challenger (or the challenger's party) will file suit to obtain an injunction to keep that candidate's name from appearing on the ballot or from assuming the office if actually elected. Again, happens all the time.
The office of the President - or Senator/Representative - is a little different by virtue of the fact that these are Constitutionally prescribed offices. Once they actually take office, the Judiciary is either limited or completely foreclosed from removing them - that is something that is Constitutionally in the sole purview of the Legislature.
If someone with legitimate standing - Like McCain or according to Judge Carter, perhaps even Keyes - would have filed for injunctive relief prior to the election (presumably to keep Obama's name off the ballot) or prior to the Inauguration, to keep him from assuming the office, AND they had credible evidence that he indeed wasn't born in the country, I have NO DOUBT that case would have been heard, even by the most liberal of judges.
The argument that Obama doesn't qualify as an NBC because of the foreign-national status of his father is far less compelling, IMHO. But, I suppose that it's possible, perhaps even likely, that argument would have been heard as well. It may not have prevailed, but it probably would have been heard.
You are wrong. The case includes the fact that he has admitted that he was a British Subject at birth. He cannot be a natural born citizen.
Secondly, the Courts have jurisdiction over fraud in the election process.
Thirdly, even an elected President can be removed by Quo Warranto in the DC Court. That was set by Congress, so they can’t argue about the Courts interfearing.
Just needs someone with standing to do a Quo Warranto in DC.
“Once they actually take office, the Judiciary is either limited or completely foreclosed from removing them - that is something that is Constitutionally in the sole purview of the Legislature.”
I agree with this. HOWEVER, I don’t believe that the judiciary is not capable of determining the eligibility of a sitting president. It would still be up to the legislature to remove the president if found to be ineligible by the court.
“AND they had credible evidence that he indeed wasn’t born in the country,”
That’s the whole gist of the problem. If a candidate doesn’t provide the information then how is anyone supposed to have credible evidence. That is what Taitz is asking for. Besides, no judge would have heard any of this before the election because the Secretary of State for each state certified the ballot and the judge would have said that that was good enough.