[jpsb]

How can someone that would not even have been a US citizen prior to the Naturalization Act of 1934 be considered a natural born citizen? Cruz was naturalized at birth by legislation. If a law makes you a citizen you are a naturalized citizen. A natural born citizen does not need legislation to make them a citizen, they just are.

[Dr. Sivana]

A natural born citizen does not need legislation to make them a citizen, they just are.

Since nations like the U.S. are a political creation, membership can also be determined by law. This is definitely the case at the time of the Constitutions enactment.

From the Naturalization Act of 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"

Now, that law has been long superceded, but it was never found to be unconstitutional, and it uses the actual words "natural born Citizens". So yes, the definition of Natural Born Citizen in this country has always been subject to positive law. That is why free blacks in the U.S. were not legally citizens.