2. He'd have nothing to fear from the courts or congress if he decided to stay put indefinitely
What do you all think the XXII Amendment actually does? Who does the XXII act upon? Who does it restrain?
Does it restrain State legislatures? Does it restrain electors chosen by rules laid down by State legislatures? Does it restrain Congress, in its ministerial role of counting the votes? Does it restrain all Federal judges who might administer the oath of office?
Actually, it does none of those things. “Running for President”, “Political parties”, and “voting” have no part in the constitutional process for choosing a President.
I say, if 270 Electors vote for Barack Obama in December 2016, there is no force on earth willing, or able, to deny him a third term.