If Obama was born abroad of a citizen mother and an alien father, his citizenship depends on a statute. The statute describes the circumstances of birth that create citizenship. The circumstances of Obama's birth don't satisfy the statute in effect at the time Obama was born.
I don't know why people think that matters either. Congress can (and has) retroactively changed the citizenship law. Congress could pass a law that has the effect of making a hypothetical Kenyan-born Obama a citizen at birth without a naturalization process, and that would make Obama a NBC even if he was born in Kenya.
The circumstances of Cruxz's birth abroad to a citizen mother and alien father satisfy the statute in effect at the time Cruz was born.
The 14th amendment doesn’t give you NBC status, it just means you are a citizen. You fail to post what this statue is. And why it’s OK for one and not the othrr.
My original point stands, the argument was about whether Obama was born in the US, not some statue