Yes they will, if they understand the simple fact that being born a citizen via law (when, for most of the 19th century, children born overseas were not considered citizens) passed by congress is, by definition, "naturalization," and thus not the same thing as the founder's concept of natural born citizen.
I'll put $100 out there that the judges are going to leave this in the hand of the voters.
You might get your wish anyway since Cruz won't win the nomination. But if he did win, yes, he will be sued and they will take it to court.
“Yes they will, if they understand the simple fact that being born a citizen via law (when, for most of the 19th century, children born overseas were not considered citizens) passed by congress is, by definition, “naturalization,” and thus not the same thing as the founder’s concept of natural born citizen.”
1790
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: Provided also, that no person heretofore proscribed by any States, shall be admitted a citizen as aforesaid, except by an Act of the Legislature of the State in which such person was proscribed.
Law 1795
the children of citizens of the United States, born out of the limits and jurisdiction of the United States, shall be considered as citizens of the United States: Provided, That the right of citizenship shall not descend to persons, whose fathers have never been resident of the United States: Provided also, That no person heretofore proscribed by any state, or who has been legally convicted of having joined the army of Great Britain during the late war, shall be admitted a citizen as foresaid, without the consent of the legislature of the state, in which such person was proscribed.
Law 1802
the children of persons who now are or have been citizens of the United States shall though born out of the limits and jurisdiction of the United States be considered as citizens of the United States provided That the right of citizenship shall not descend to persons whose fathers have never resided within the United States Provided also that no person heretofore proscribed by any state or who has been legally convicted of having joined the army of Great Britain during the late war shall be admitted a citizen as aforesaid without the consent of the legislature of the state in which such person was proscribed
Note that all state that your premise is incorrect.
That the 1802 law repeals previous laws is slightly on point but but only repeals laws on the issue of naturalization not on Citizens at birth.
To this day the ONLY ref to Natural Born Citizen is the 1790 Law as no other definition of if has EVER been made it stands as the SPECIFIC definition of the term.