Get him ruled ineligible for office. And if he's ineligible, then that means that Mitt Romney got the most legitimate votes in every state, so Romney would be President with all 50 states and DC on his side. It's in the Constitution!!!!!!!
Something is in the Constitution, but not quite that.
The popular vote determines only which electors are certified from each state, and each state gets to determine how to translate a popular vote into electors. There is no provision for changing that based on the eligibility of the candidate for whom they are presumed to vote. Nor does that certification automatically devolve onto the next most popular candidate's electors by default.
The only vote that matters is the electoral vote, which took place two days ago. Each state has certified its electors and their votes. A number of these states have already affirmatively declared that Barack Obama is, according to them, eligible to President nothwithstanding claims otherwise. This makes it very difficult to dispute his eligibility in any venue.
The President-elect is created by the joint session of Congress in which the Electoral College's results are received, tallied, and (if necessary) debated. Challenges must issue against a vote on a state-by-state basis only -- there is no provision for an all-encompassing ruling. The objection must be endorsed in writing by a member of each House of Congress, debated separately in each House, and voted upon separately by each House. If both Houses vote to reject a state's electoral ballot, those votes are simply disregarded; they do not change to that of a different candidate or elector. If only one House votes to reject, the ballot stands as cast.
Hypothetically, if California's 55 electoral votes for Obama were to be challenged, a written objection would be presented over the signatures of a member of the House and a Senator. The joint session is suspended, and each House goes to its own chamber to deliberate the objection and vote upon it. If both Houses separately vote to reject California's electoral vote, the 55 votes are simply removed from consideration and the joint session resumes. The votes are not awarded to another candidate, nor are the electors themselves replaced nor some new vote certified from the state.
That same process would have to be repeated for each state. If, at the end of the day, the surviving votes are tallied and do not provide an absolute majority for any candidate, the House of Representatives goes immediately into its electoral session to elect the President. They must elect one of the three candidates who received the highest number of electoral votes. The only way Barack Obama would be ineligible by the House is if
all his electoral votes were successfully removed from consideration. For the 2012 election, as long as he has even one electoral vote, the House may still vote for him.
But this is not a "declaration" of ineligibility. In deciding whether to accept electoral votes from any state, Congress may deliberate as they choose. They may weigh the probative value of any evidence introduced and reach their decision upon any criteria they deem fit. Those criteria may include allegations of ineligibility, suspicion of forgery, or even his skin color -- so long as they survive the vote of each House.
No
court can simply declare the candidate ineligible. Courts are explicitly bound by Full Faith and Credit and must accept the birth certificate from Hawaii as if it were one issued by their own state. This includes federal courts and the Supreme Court. Birthers have long imagined that they will thunder into a courtroom and, under the ponderous weight of pixels and layers, emerge victorious with a judge's ruling declaring that Barack Obama is not a natural-born citizen. As long as they fail to grasp what Full Faith and Credit means, they will forever be estranged from that day.
Congress is not bound by Full Faith and Credit except when acting as an
ad hoc judiciary (e.g., for impeachment). They may decide the validity of the electoral votes on any criteria, or in spite of any criteria such as the question of eligibility. Given the composition of the incoming Congress, and the general unwillingness of even GOP members to question Obama's eligibility, it is highly unlikely that an objection to any state's electoral vote will survive a vote from both Houses.
In the remote chance that the House elects Romney, due to successful challenges to Obama's electoral votes, the nasty side-effect of the electoral system is that Joe Biden will still likely be the Vice President. The electoral college elects the President and Vice President separately. There has been no challenge to
his eligibility, and his right to hold the office of Vice President does not depend on his running-mate's eligibility to President. But again the same process holds for that office. Electoral votes may be challenged and voted upon, and the House may convene to elect a Vice President too if Biden fails to achieve a majority of electoral votes.
That's what holds true until Jan. 6. If Congress accepts Barack Obama as President-elect then, he is effectively the holder of that office regardless of what rumors and suspicions continue to circulate. Eligibility is moot at that point; he
is the President. Removal of the President from office for any reason from that point onward must follow the process of impeachment. And if the President is removed by impeachment or any other means, the Vice President becomes President.