So INA 301(a)/8 USC § 1401(a) are simply declaratory, but (g) is an affirmative act? What about (b) through (f)--which ones are declaratory and which ones affirmative? On what basis do you make the distinction, other than your preferred outcome?
What distinguishes (a) from the others? You tell me.
(a) a person born in the United States, and subject to the jurisdiction thereof;
(b) a person born in the United States to a member of an Indian... tribe
(c)(d)(g)(h) born outside the US
(e) born in outlying possession
(f) foundling
8 C.F.R. § 301(a) is a restatement of Amend XIV § 1 "All persons born or naturalized in the United States, and subject to the jurisdiction thereof...".
8 C.F.R. § 301(b), (c), (d), (e), (f), (g), (h) collectively naturalizes other persons