Sorry, Ted’s not eligible.
The thirteen original states all adopted English Common Law for the decision of legal questions. Under ECL, only persons born in the realm were natural born subjects. Parliament, by statute, extended NBS status to certain offspring born across seas, in order to allow for the descent of hereditary titles and properties. But the 13 States did not adopt ESL, only ECL. So the meaning of “natural born” inherited in the country by that adoption was limited to persons born on the soil.
By the way, in a bold strike against those who object to so called “anchor babies,” under ECL and under the law of this country resulting from the adoption of ECL, it DOES NOT MATTER what the citizenship of a child’s parents is, when a child is born here, they are a natural born citizen. The only exception would be children born here while their parents are serving in a diplomatic function for another country.
Here are links to my blog posts explaining why Ted cannot qualify:
http://jimsjustsayin.blogspot.com/2013/09/but-what-if-ted-cant-be-president.html
http://jimsjustsayin.blogspot.com/2015/03/ina-post-on-harvard-law-review-forum.html
http://jimsjustsayin.blogspot.com/2015/03/deuces-wild-and-foreign-born-
americans.html
http://jimsjustsayin.blogspot.com/2015/03/cruz-mccain-george-romney-ineligible.html
As I’ve staked out this position, I have been treated like a heretic by birthers whose thinking is based on application of legal principles found in Emmerich Vattel’s The Law of Nations. Vattel describes citizenship and sets out principles of citizenship that require one to be born on the soil of the nation and to be the child of citizens to be a natural born citizen. Their dependence on Vattel is misguided:
http://jimsjustsayin.blogspot.com/2015/03/cruz-mccain-george-romney-ineligible.html
Cruz or lose