"I could not agree more. And the power to do so resides with Congress. Article 1 Section 8 clause 4."
That section of our Constitution specifically states that Congress only has the powers of naturalization. They can NOT create a natural born Citizen. Only the Laws of Nature and Nature's God can do that.
The Laws of Nature and of Nature's God: The True Foundation of American Law
Sorry but you are incorrect. Naturalization is different than the rules of naturalization. The rules of naturalization is a much broader definition. It includes who is a citizen and who is not, who has to be naturalized and who does not need to be naturalized.
It is under this authority that the very first Congress defined those born beyond the shores of the US as being natural born citizens. Under this precedent, if Congress had the will, they can define what the requirements are for NBC. So far, Congress, other than the first Congress, has lacked the will to do so.
Congress could pass an act of Congress that say, NBC status shall require: born on US soil, born of two US NBC parents, born of one parent, born in the month of May. Until they do so, the courts are going to take a least restrictive view as they are historically reluctant to deny any voter privileges to those that might be entitled to them. More of a strict scrutiny view.
The problem is that we (US citizens currently) are expecting SCOTUS to rule on something that they have no authority. We (US citizens) need to be pressuring Congress to take up this issue and fix it once and for all.