Your confusion seems to lie in the notion that Congress can alter the Constitutional eligibility requirements via the definition of NBC. It cannot.
The definition of NBC is fixed as it was written. Based on the changes Madison made to the Naturalization Act of 1795, it’s highly likely Madison intended to incorporate a jus soli - rule of the soul - approach. Ie born here - nbc, not born here - not a nbc.
“Your confusion seems to lie in the notion that Congress can alter the Constitutional eligibility requirements via the definition of NBC.”
I don’t think that. I think Congress can determine how to apply the two basic factor of birthright citizenship which are place of birth and citizenship of the parents.
“The definition of NBC is fixed as it was written.”
No definition was provided. It is commonly understood that citizenship at birth is based on either the place of birth or the citizenship of the parents or both.
Blacks, Indians, and others were born in the US and under its jurisdiction after the Constitution was ratified, and they were not recognized as citizens. Location alone did not automatically confer citizenship status. Children were born abroad to US citizen parents during the early years of this nation, and many of those were legally citizens from birth as determined by law which the Constitution specifically gives Congress the power to enact.
Regardless, natural born citizenship is citizenship at birth. Naturalization is conferring citizenship some time later. If it is otherwise, I have yet to see a shred of evidence beyond endless, convoluted legal arguments. If I am wrong, it should be fairly simple to show evidence to the contrary. Coincidentally, the majority of legal and Constitutional experts (neither of which I claim to be) agree with my position.
“Based on the changes Madison made to the Naturalization Act of 1795, it’s highly likely Madison intended to incorporate a jus soli - rule of the soul - approach.”
I thought you believed Congress could not change the definition. But it seems you are saying Madison essentially “fixed” an error in the 1790 legislation. The problem is, this change just further supports that Congress does have authority to determine how parentage and place of birth effect natural born citizenship. This is doubly true if my definition of natural born citizen is correct. If it simply means citizen at birth, then it is clearly not an overreach for Congress to specify what conditions are necessary to be a citizen at birth because this is necessary to determine who must apply for citizenship or otherwise have it conferred by act or amendment.