And the children of citizens of the United States that may be born beyond Sea, or out of the limits of the United States, shall be considered as natural born Citizens: Provided, that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.
Cruz's was an NBC, and his father did reside in the U.S.
Correct. Except that in the case of Cruz, his father resided in the US but I believe never became a US citizen. So the early law/concept boils down to the question of whether one citizen parent, in Cruz's case the mother, I'd enough to pass on NBC, or if both parents are necessary. Or, in the case of the time of the founders, it could only be passed on by a citizen father and not a citizen mother.
Ted Cruz’ father was first a citizen of Cuba, then a citizen of Canada, and in 2005 he renounced his Canadian citizenship and became a naturalized citizen of the United States in 2005.
/// Correct. Except that in the case of Cruz, his father resided in the US but I believe never became a US citizen. So the early law/concept boils down to the question of whether one citizen parent, in Cruz's case the mother, I'd enough to pass on NBC, or if both parents are necessary. Or, in the case of the time of the founders, it could only be passed on by a citizen father and not a citizen mother.
If you are willing to accept that a 1790 law can set the conditions under which one is considered a NBC, then the 1952 law that was in effect at the time Cruz was born also can. The real question is whether NBC has an inherent definition other than "citizen at birth in accordance with the laws of the land." I have not seen anything convincing on the inherent definition, so I will assume congress has the leeway to pass the first order of business in naturalization law - identifying ho has no need of naturalization.