“Once Congress counts the electoral votes its basically over. Its the job of the Congress to vet the president when the votes are tallied, after that he is considered qualified.”
U.S. Constitution, 20th amendment
“Section 3. ... If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified;”
The language of the Constitution suggests that you may be mistaken. Obama isn’t President-elect until Congress counts the votes, but the contstitution suggests that he may be disqualified after that. Exactly how is not stated.
While Mr. Berg’s case is very likely to be lost, he has the gratitude and goodwill of every true supporter of the U.S. Constitution for making the effort he has. Those “conservatives” who mock Berg’s lawsuit because it will probably fail, are in my estimation mired in unproductive cynicism. They offer no constructive alternative; just passively accepting the death of the U.S. Constitution as our governing document.
Huh? How would the case's failure equate to the death of the constitution?