“The current will of Congress is expressed in Title 18 Section 1401 by which Sen Cruz is a citizen at birth via the qualification of his mother who was a US Citizen.”
As a mater of fact the current will of congress or any court decision including one by the USSC is irreverent if it goes against the constitution and is not a ratified amendment. In other words Title 18 section 1401 is Poo Poo on the mater.
The only question is what “natural born” meant when the constitution was founded. And since the term was used specifically in terms of who can be president then then I don’t think that the definition of it was meaningless as many want us to believe.
The very first Congress (roughly the same set of people who wrote the Constitution) passed the Naturalization Act of 1790 that was signed by President Washington (April 30, 1789 March 4, 1797).
The act fulfilled the Constitutionally enumerated power of Congress to establish the rule of naturalization. In that Act, It also provided for citizenship for the children of U.S. citizens born abroad, but specified that the right of citizenship did “not descend to persons whose fathers have never been resident in the United States”. It specifies that such children “shall be considered as natural born citizens” the only U.S. statute to ever use the term “natural born citizen”.
One minor typo correction from my prior email - it is Title 8 not Title 18, my bad.