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
Birthers have been asserting that, since Rafael Cruz* did not become an American citizen until 2005, and while he was in Canada with his wife, during which time Ted was born, he became an Canadian citizen. This, in the Birthers’ view, disqualifies Ted from this Presidency, as “the Founders” never would have intended someone like him becoming President
But look closer at the bolder portion. It never says that the father has to be a citizen of the United States at the time the child is born. All it says is that citizenship "shall not descend to persons whose fathers have never been resident in the United States." It is indisputable that Rafael Cruz was in the United States for a period of time prior to both Ted’s birth and his marriage to native born American citizen Eleanor Elizabeth Darragh Wilson in 1969. He fled Cuba in 1957 at the age of 18, arriving in Texas. There, he attended the University of Texas, graduating with a degree in mathematics in 1961. He even married his first wife there, Julia Ann Garza, in 1959. They later divorced, but not before he had two daughters with her. He was also granted political asylum in 1961 upon his graduation from UT. ".....Let’s Put an End to this Birther Nonsense about Ted Cruz
You quoted the 1790 law. Disregarding that it was repealed, please examine your contention.
And the children of citizens....
Citizens, not a citizen, singular, but citizens, plural. Both parents, with an exception for a father who has never been resident. The inference is that the father must be first a citizen to meet the citizens - plural - requirement and then must have actually lived in the US.