Also, Congress DID provide BY LAW for the instance in which neither the President nor Vice President qualifies. That is 3USC Section 19, which Greg talked about because it uses the word “qualifies” repeatedly. That’s not saying that Congress has the right to say which person will be President every time it comes up. It is saying that Congress decides in advance the protocol for Presidential succession, and then it happens automatically.
If the right of duty devolved to somebody in the line of succession who was Constitutionally disabled from acting as President and that person still tried to act as President, the courts would have to determine that the person was not able to act as President, because it is a case or controversy arising out of the Constitution and laws. Who would have standing to bring that suit? Whose business it it, if the Constitution and a US law are broken and as a result we end up with an ineligible Commander-in-Chief and chief executive in charge of all appointments to agencies that regulate every facet of our individual lives? Whose business is it? Who suffers a grievance that deserves redress according to the First Amendment?
“If the right of duty devolved to somebody in the line of succession who was Constitutionally disabled from acting as President and that person still tried to act as President, the courts would have to determine that the person was not able to act as President, because it is a case or controversy arising out of the Constitution and laws.”
The Executive Branch and the Judicial Branch of Government stand on equal footing. If the Judicial Branch unilaterally opined the President must be removed and a qualified President should be put in place, then the Judicial Branch is superior to the Executive Branch.
The House is the voice of the Will of the People. Consequently, removal of a President begins with impeachment by the House (the Will of the People has changed since the Electoral votes were counted). The Senate is the voice of various States. The Senate conducts a trial after impeachment. The trial is preceded over by a Judge from the Judicial Branch. Impeachment and conviction at trial is only way to remove an unqualified President.
The Bill of Rights protects individual rights. An individual may object to the laws and regulations of a usurper in Federal Court. The individual has standing when they can demonstrate an immediate, personal impact of a law or regulation signed by the usurper, i.e. show proof of Health Insurance or be taxed. The President must show proof of eligibility. An individual with standing can subpoena the President’s complete birth record, college records and naturalization records to prove he is not eligible.
The Court can only rule on the objection by the individual. The Court cannot unilaterally remove a usurper. The Court can rule the individual who objected to the impact of a tax signed by a usurper will be waived until a new President takes office. The DeFacto Officer Doctrine indemnifies the U.S. Government from harm by carrying out the Will of the People. Once the usurper leaves office, his laws and regulations cannot be objected too, but can be changed by the new President.
The Constitution protects the People from the Government. The Bill of Rights protects individuals from the Will of the People. Individuals can only sue a usurper on the behalf to protect themselves and cannot overcome the Will of the People to elect a usurper. The Defact Officer Doctrine protects the Government from the Will of the People who have chosen to elect a usurper.