>> Obama was elected in a constitutional manner.
NLRB members held office in violation of the Constitution.
If Obama is ineligible he is holding office in violation of the Constitution.
The Constitution is quite clear that an ineligible person shall not be eligible. There is no asterisk “unless the Office has been obtained”.
>> The Constitution is quite clear that an ineligible person shall not be eligible.
Allow me to better phrase that.
The Constitution is quite clear that a person who does not meet the stated criteria shall not be eligible to hold office.
There is no asterisk “unless the Office has been obtained”.
The 12th Amendment states that whoever receives a majority of the votes of the Electors “shall be the president.” (”The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed;”).
The time to stop an ineligible candidate is before the certification of the votes of the electors at the Joint Session of Congress that is held for that purpose.
The way the courts traditionally have dealt with appointed officials is totally different from the way they approach elected officials. I don’t believe that there is a court in the land that would try to reverse the electoral will of 66 million voters years after the election.
Now if there were to be significant evidence of ineligibility, it might lead to resignation or impeachment, conviction and removal. I could see a grand jury investigation or a congressional inquiry producing such evidence.