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
Oh, those things. Orly Tizzy-Tatz stuff. That stuff wasn’t my bag. Neither was obama being born in Kenya, or having a dozen different daddy candidates.
Funny thing about the judiciary you mentioned. In those Joint Resolutions the elected officials tried to get passed to do away with clause 5 in Art. 2, some mention is made about needing the AMENDMENT to Art. 2 because if the Constitution isn’t amended and the SCOTUS rules on the eligibility thing in the future for say, one individual at a time, the rulings will be open to court challenges.
I’m guessing they knew what they were talking about. So, SCOTUS could be appealed to to “handle it”, but IF they did so any ruling could/would instantly be challenged in court. I think it was the erstwhile Barney Frank who made that statement. Waaaaaayyyy before any hint of obama “birtherism” came along. And it takes forever to get anything through the courts. So, presumably they were were trying to pave the way for Arnold S. and didn’t want the risk of challenges if SCOTUS didn’t rule their way. It didn’t work out for them, but they kept trying.