Neal Katyal, who was acting solicitor general in the Obama administration from May 2010 to June 2011, and Paul Clement, solicitor general from 2004 to 2008 in the George W. Bush administration, said, "As Congress has recognized since the Founding, a person born abroad to a U.S. citizen parent is generally a U.S. citizen from birth with no need for naturalization. And the phrase 'natural born citizen' in the Constitution encompasses all such citizens from birth.
Not much information exists on why the Third Congress (under the lead of James Madison and the approval of George Washington) deleted "natural born" from the Naturalization Act of 1790 when it passed the Naturalization Act of 1795. There is virtually no information on the subject because they probably realized that the First Congress committed errors when it passed the Naturalization Act of 1790 and did not want to create a record of the errors.
It can be reasonably argued that Congress realized that under Article I, Section 8 of the Constitution, Congress is given the power to make uniform laws on naturalization and that this power did not include the power to decide who is included or excluded from being a presidential Article II "natural born Citizen." While Congress has passed throughout United States history many statutes declaring who shall be considered nationals and citizens of the United States at birth and thereby exempting such persons from having to be naturalized under naturalization laws, at no time except by way of the short-lived "natural born" phrase in Naturalization Act of 1790 did it ever declare these persons to be "natural born Citizens."
The uniform definition of "natural born Citizen" was already provided by the law of nations and was already settled. The Framers therefore saw no need nor did they give Congress the power to tinker with that definition. Believing that Congress was highly vulnerable to foreign influence and intrigue, the Framers, who wanted to keep such influence out of the presidency, did not trust Congress when it came to who would be President, and would not have given Congress the power to decide who shall be President by allowing it to define what an Article II "natural born Citizen" is.
Additionally, the 1790 act was a naturalization act. How could a naturalization act make anyone an Article II "natural born Citizen?" After all, a "natural born Citizen" was made by nature at the time of birth and could not be so made by any law of man.
Natural Born Citizen Through the Eyes of Early Congresses
Harvard Law Review Article by Katyal & Clement FAILS to Establish Ted Cruz as Natural Born Citizen
FACT: Cruzs fathers Cuban nationality at the time of Cruzs birth, is irrelevant, according to the law at that time,
just so long as he was a LEGAL Immigrant at the time of Ted Cruz's birth,
AND both of Ted Cruz's parents were legally married to each other.
What are the rules for people born between December 23, 1952 and November 13, 1986?
The 14th Amendment IS a part of the U.S. Constitution and states in SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
So, under that power to legislate, Congress legislated and the President signed into law: When ONE parent was a US citizen and the other a foreign national,the US citizen parent must have resided in the US for a total of 10 years prior to the birth of the child,with five of the years after the age of 14.
... While there were initially rules regarding what the child must do to retain citizenship,amendments since 1952 HAVE ELIMINATED THESE REQUIREMENTS.
When Ted Cruz was born, his parents were "IN WEDLOCK".
They married, moved to Calgary, Alberta, and in late 1970 had their first and only child, Rafael Edward Cruz.
Cruz was born on December 22, 1970 in Calgary, Alberta, Canada where his parents, Eleanor Elizabeth Darragh Wilson and Rafael Bienvenido Cruz.
Cruz's mother was born and raised in Wilmington, Delaware, in a family of three quarters Irish and one quarter Italian descent.
Eleanor Darragh, mother of Ted Cruz, was raised in Delaware, graduated from a Catholic High School (1952) in the U.S., as well as Rice University (1956),so clearly she meets the residency requirements.
Source
In 1957, Rafael Bienvenido Cruz (Ted Cruz's father) decided to get out of Cuba by applying to the University of Texas.
Upon being admitted, he adds, he got a four-year student visa at the U.S. Consulate in Havana.
"Since he liked to eat seven days a week, he worked seven days a week, and he paid his way through the University of Texas," Ted Cruz says of his father, "and then ended up getting a job and eventually going on to start a small business and to work towards the American dream."
Only he did that in Canada, where Ted was born.
His father went there after having earlier obtained political asylum in the U.S. when his student visa ran out.
He then got a green card, he says, and married Ted's mother, an American citizen.
The two of them moved to Canada to work in the oil industry.
"I worked in Canada for eight years," Rafael Cruz says. "And while I was in Canada, I became a Canadian citizen."
The elder Cruz says he renounced his Canadian citizenship when he finally became a U.S. citizen in 2005 48 years after leaving Cuba.
Why did he take so long to do it?"I don't know. I guess laziness, or I don't know," he says.
So there is the law for the time Ted Cruz was born,
AND HOW
Ted Cruz's PARENTS fulfilled ALL those requirements of the law that time,
for Ted Cruz to be a "Natural Born Citizen".
Ted Cruz did NOT NEED a Court and a Judge to "Nationalize" him.
Senator Cruz became a U.S. citizen at birth, and he never had to go through a naturalization process after birth to become a U.S. citizen, said spokeswoman Catherine Frazier.
... The U.S. Constitution allows only a natural born American citizen to serve as president.
Most legal scholars who have studied the question agree that includes an American born overseas to an American parent, such as Cruz.
One more thing, listen to a REAL CONSTITUTIONAL LAWYER: