Not so. He'd be a citizen of the US if he lived in Canada his while life. The statute that grants him naturalized citizenship doesn't impose a residency requirement on the new citizen. It used to. See 8 USC 1401(g)
The citizen parent has to meet residency requirements prior to the birth. Ted's US citizen mother met those, no reasonable doubt on that.
Ted Cruz is a full-fledged naturalized US citizen. As a naturalized citizen, he is not eligible to hold the offices of president or vice-president.
Thanks, I went back and read the naturalization process and realize the law was changed in 1978 and was retroactive. But at the time he was born, there were laws that required residency even though Cruz was inevitably not required.
But as I mentioned, there were periods of time in US history that Cruz could have been born under those same circumstances and not have been considered a citizen (let alone an NBC). Since the US Congress cannot change the constitution without amendment, we can safely say that Congress’s laws in the past that defined children born abroad to alien fathers to be non-citizen were constitutional. If Cruz had been considered an NBC, the US Congress could not have passed those laws.
As I believe you have mentioned in previous posts, Congress only had jurisdiction to pass laws affecting naturalization and citizenship, not NBC. Certainly they could not pass a law that made a person a non-citizen if that same person was defined as an NBC.