I do not agree. That section starts:
8 U.S.C. § 1401
The following shall be nationals and citizens of the United States at birth:
(a) a person born in the United States, and subject to the jurisdiction thereof;
continuing to:
(h) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States.
Unless I’m missing something here, it is pretty clear.
Am I missing something?
Yes you are missing something and I don’t mean any disrespect as it is an issue that has been lost over many generations. See Post #73 to get some sense of the historical background.
What so many of us are missing today is the meaning of ‘natural born citizen’ versus ‘citizen by birth’ versus ‘naturalized citizen’. All of legal definitions of these terms are rooted in meanings held in English Common Law.
We must insist that the Supreme Court revisit the meanings as intended by the Founders at the time of drafting the Constitution. The Supreme Court can task several legal scholars at Harvard, Yale and other old and venerable repositories of both English Common Law and American Law. Several scholars have already done this and they have arrived at the conclusion I summarize for them in Post #73.
USC 1401 says that Cruz is "natural born". One would have to show that the US Constitution contradicts 1401 to make 1401 unconstitutional, and to make Cruz not a NBC.