You are right, in that we touched on that briefly. It is a political mater. The USSC could rule on eligibility, but it would have to be congress that would have to invoke punishment. I stated that in the current political climate and make up there is no way congress would remove Obama.
It is uncharted territory to be sure, and probably one reason the Courts are being cautious in allowing any suits going forward. The case, when it arrives, will become a case of Constitutional Crisis proportion......with prescedent setting ramifications......
Although the Constitution does address the situation of having a President elect not qualifying, the way in which it is written leaves one to believe that it assumes that unqualified person has not assumed the Office when that determination was made.
Removal of a sitting President because he did not meet Presidential eligibilty requirements does not require the political will as it does in the case of Impeachment. A decision by the Court is very much different that a vote in the House of Representatives and Trial in the Senate....
Enforcing such a decision is quite another matter....ask Andrew Jackson, I’m sure he has some perspective on that question....I can see Obama having a similiar attitude towards an adverse Court decision regarding his election as President......LOLOLOLOL
The Constitution (nor any Law I am aware of) does not proscribe any punishment for being held ineligible to hold the Office of the President other than mere removal from Office....and the embarrasment of walking, suitcase in hand, down Pennsylvania Avenue...........
So you are saying someone proven not to be eligible, with that proof/ruling upheld by the Supreme Court, could none the less, be President? With all the powers delgated to that office?
Don't think so. Not eligible has to mean "not President".
Besides, removal is not "punishment". Putting his fraudulent ash in prison, or exhiling him to what his wife says is his homeland, that would be punishment. No one has the right to be President, especialy if they are not eligible under the Constitution.
Then it would take a lawsuit (class-action) claiming that Obama fraudulently solicited campaign funds from people on the assumption that he was legally eligible to be president. If a court proves that he wasn't, and it can be proved that he knew that he wasn't, then he would be accused of the biggest defrauding of Americans of hundreds of millions of dollars for his personal gain.
Would a lawsuit like that be enough for Congress to oust him?
-PJ