One or both of two situations took place; one in Illinois, and the other in the Senate of the United states of America.
There is another aspect to this debacle no one seems to have mentioned and by extension thought about. This is the fact that Barry Soetoro/AKA Barack Hussein Obama II was never a senator of the United States of America.
Qualifications: Article I, Section 3 of the US Constitution sets three qualifications for senators:
1) they must be at least 30 years old,
2) they must have been citizens of the United States for at least the past nine years, and
3) they must be inhabitants of the states they seek to represent at the time of their election.
The age and citizenship qualifications for senators are more stringent than those for representatives. In Federalist No. 62, James Madison justified this arrangement by arguing that the "senatorial trust" called for a "greater extent of information and stability of character."
The Senate (not the judiciary) is the sole judge of a senator's qualifications.
Given these inescapable facts for qualifying and the fact that Barry Soetoro/AKA Barack Hussein Obama II never became a Naturalized US Citizen of the United states (his claim of citizenship by birth has been proven false and since the completion of Naturalization never took place and if it had taken place, would have disqualified him from being elected President: id est Natural Born Citizen). It is also an established fact that his father was never a US Citizen which closes the last path to being a US Citizen.
The Esteemed Reader can reason that given these inescapable facts, Barry Soetoro/AKA Barack Hussein Obama II is NOT a US Citizen of any type or kind. The outcome of this series of facts and chain of reasoning is simple.
Barry Soetoro/AKA Barack Hussein Obama II was NEVER a US Senator and all actions taken as a Senator, while perpetrating this segment of the fraud, are Null and Void.
The damage this fugitive convicted criminal has perpetrated can be placed at the feet of the US Senate. The Negligence and Incompetence of this body of Professional Politicians can be recorded as the darkest days in American History. Their failure to carry out their sworn duty has in both cases, as qualifying Barry Soetoro/AKA Barack Hussein Obama II as a Senator and then as President is criminal; considering the unconstitutional acts he has written as Executive Orders which Congress failed to challenge and as orders he has given as Commander in Chief of the Armed Forces which has resulted in hundreds of thousands of people being killed.
Personally, I am horrified and ashamed for our Senate's inaction and our country's actions.